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I am secured a sealed judgment (CCJ) in response to a claim submitted through Money Claims Online (MCOL). CCJ amount to be paid is £2500 and requires the debtor to pay £200 per month from 7th Nov 2020. The judgment debtor has made an application to vary N245 an offered £20 a month. I know the debtor well and he is self employed, drives a new transit, takes two holidays a year and spends lots of time in the pubs with this g/f. I do not believe the debtors statement of fact as to income/expenditure. I plan to submit an Order To Provide Information (N316). I have 16 days to respond to the N245.
Questions I have:-
1. The debtor has until 7th Nov to pay the first ordered payment of £200. Technically the debtor is not yet in default because today is 4th Nov , but will he be in default on 8th Nov if payment of £200 is not made - given that the court has provided me with a N245 Order to Vary.
2a. I plan to submit my N316 and payment to the **local** county court this week. How will this affect my response (Claimant's Response To N245) and the Order To Vary - if at all?
2b. Is the court name - for purpose of recording on N316 - MCOL or my local court , given that the debtor will need to attend (skype) a hearing at a local court and not MCOL.
3. What additional questions should I ask on N316. Can I request 12 months bank statements [because he is self employed and not declaring his true income/expense], copies of loan agreements and current outstanding balances, copies of savings accounts, bank accounts, building society accounts?
3. Will the variation judgment be on hold until the N316 hearing has completed and information available?
4. If I reject any/the court variation , i.e. if they say debtor can only afford £20 per month, then is it true that the case will be transferred to a local court hearing and will this hearing take place only after the debtor has attended court to answer questions and answers recorded by the court officer?
5..As soon as/If/when the debtor is in default, I plan to transfer to the High Court for a writ of control.Is this a good idea at this time? How might the debtor suspend such enforcement?
6. When can i apply for a 3rd party debt order to freeze his bank/building society accounts?
Thank you in advance for your kind considerations and reply.
I am secured a sealed judgment (CCJ) in response to a claim submitted through Money Claims Online (MCOL). CCJ amount to be paid is £2500 and requires the debtor to pay £200 per month from 7th Nov 2020. The judgment debtor has made an application to vary N245 an offered £20 a month. I know the debtor well and he is self employed, drives a new transit, takes two holidays a year and spends lots of time in the pubs with this g/f. I do not believe the debtors statement of fact as to income/expenditure. I plan to submit an Order To Provide Information (N316). I have 16 days to respond to the N245.
Questions I have:-
1. The debtor has until 7th Nov to pay the first ordered payment of £200. Technically the debtor is not yet in default because today is 4th Nov , but will he be in default on 8th Nov if payment of £200 is not made - given that the court has provided me with a N245 Order to Vary.
2a. I plan to submit my N316 and payment to the **local** county court this week. How will this affect my response (Claimant's Response To N245) and the Order To Vary - if at all?
2b. Is the court name - for purpose of recording on N316 - MCOL or my local court , given that the debtor will need to attend (skype) a hearing at a local court and not MCOL.
3. What additional questions should I ask on N316. Can I request 12 months bank statements [because he is self employed and not declaring his true income/expense], copies of loan agreements and current outstanding balances, copies of savings accounts, bank accounts, building society accounts?
3. Will the variation judgment be on hold until the N316 hearing has completed and information available?
4. If I reject any/the court variation , i.e. if they say debtor can only afford £20 per month, then is it true that the case will be transferred to a local court hearing and will this hearing take place only after the debtor has attended court to answer questions and answers recorded by the court officer?
5..As soon as/If/when the debtor is in default, I plan to transfer to the High Court for a writ of control.Is this a good idea at this time? How might the debtor suspend such enforcement?
6. When can i apply for a 3rd party debt order to freeze his bank/building society accounts?
Thank you in advance for your kind considerations and reply.
