Setting up a payment plan advice

[EliBeX]

My partner won a court case. The debtor wants to set up a payment plan but we're not sure best way to go about it.

He won about £20000 and the court order said it needed to be paid by 14th June 2024.

The defendant has made no attempt to pay or make an offer until now. He wants to pay £400 a month.

My understanding is he should have applied to the court to set up a payment plan using form N245 within 30 days of recieving the CCJ letter. As he didn't can he still apply to the court to set up a payment plan?

My husband is willing to accept a payment plan but wants to do it right. We are worried about working out interest payments or making other mistakes.

[atticus]

Your partner/husband needs to ensure that all terms are agreed. These should include:

- Precise amounts of payment and exact dates on which each payment is due, for example 24 monthly payments of £100 each the first to be paid on 1 September 2014 and the last on 1 August 2026.

- Interest - amounts/method of calculation and dates on which it is to be paid.

- What happens if any instalment is not paid when due, for eample that the whole outstanding balance becomes immediately due and payable.

Once all terms are agreed, get these written and signed by both parties, I suggest in the form of a consent order that you will ask the court to make.

[EliBeX]

Thank you for your response. Would this be something a solicitor needs to do or could he apply to the court himself? Also does the application to court for a consent order need to be done by us or the defendant or both?

[atticus]

No need for a solicitor. A consent order can be a joint application - the word consent denotes agreement.