Help with my small claim (final step)

[gogoru]

Hello everybody,

I want to do a question about my small claim. I did a claim via money claim online, but a couple weeks ago that changed the status:

Your judgment against Mr XXXXX was issued on 11/07/2014 ( by default)

I sent a letter to defendant ask my money in 14 days or I will enforce judgment, but yesterday I saw this in my profile of money claim online:

A request to change the payment instalments for Mr XXXXX was submitted on 29/07/2014
A bar was put in place for Mr XXXXX on 29/07/2014

but I don't know the meaning of "A bar was put in place for Mr XXXXX", What is the next step? if anyone could help me would be very grateful

Greetings.

[des8]

Re: Help with my small claim (final step)

Hi and Welcome
Looks as if the debtor has applied to pay the award in installments as per CPR part 40.9A.(8)
You will receive a copy of the application and can object,
I would guess the "bar was put in place" means that you cannot continue with enforcement of judgement until this application for variation has been dealt with.

[gogoru]

Re: Help with my small claim (final step)

Hi and Welcome
Looks as if the debtor has applied to pay the award in installments as per CPR part 40.9A.(8)
You will receive a copy of the application and can object,
I would guess the "bar was put in place" means that you cannot continue with enforcement of judgement until this application for variation has been dealt with.

Thank you very much for you response

[gogoru]

Re: Help with my small claim (final step)

Hello again,

today I've received the copy of the application (N245), I want object but I don't know how I can do.

Greetings and tanks for your support

[Amethyst]

Re: Help with my small claim (final step)

Hello again,

today I've received the copy of the application (N245), I want object but I don't know how I can do.

Greetings and tanks for your support

What part do you object to? The court will order reasonable payments based on their IE sheet.

[gogoru]

Re: Help with my small claim (final step)

I've received the copy of an applicacion made by the defendant for a variation of the Judgment (n245):

He offers to pay me 10 gbp per month, when he have to pay me 700 gbp (total amount). I don't want accept 10 gbp per month, because he has more of 3000 gbp of incomes per month
I don't know how I have to send this to court, with a form or only write.

[Amethyst]

Re: Help with my small claim (final step)

I've received the copy of an applicacion made by the defendant for a variation of the Judgment (n245):

He offers to pay me 10 gbp per month, when he have to pay me 700 gbp (total amount). I don't want accept 10 gbp per month, because he has more of 3000 gbp of incomes per month
I don't know how I have to send this to court, with a form or only write.

Does the application include his Income and Expenditure sheet?

[gogoru]

Re: Help with my small claim (final step)

Does the application include his Income and Expenditure sheet?

Yes and he can pay more and I don't accept his offer. Do you know how I can send to the court?

[Amethyst]

Re: Help with my small claim (final step)

Okay good.

Well you have 14 days to object to the offer and the court will then decide based on its own determination from the information given.

You need to write to the court setting out your reasons for objecting to the variation. (used to be N246 but I can't find it so may have changed - have they given more information with the N245 ref how to respond?)

[gogoru]

Re: Help with my small claim (final step)

Okay good.

Well you have 14 days to object to the offer and the court will then decide based on its own determination from the information given.

You need to write to the court setting out your reasons for objecting to the variation. (used to be N246 but I can't find it so may have changed - have they given more information with the N245 ref how to respond?)

In the leeter put exactly that:

Please fin attached a copy of an application made by the defendants for a variaton of the Judgment instalment order:

if you accept the defendant's offer:

(A) DO NOT reply to the Court.

A variaton order will be printed in accordante with the defendant's offer after 16 days, a copy will be sent to you to confirm this.

OR

if YOU DO NOT ACCEPT the defendants's offer:

(B) Please write to court stating that you do not accept the defendant's offer of payment, but will accept payment (by instalments of ______ per week/month) or (in full by ______): Your response must received within 16 days of the date of the N245. The date of the N245 is stamped in the top right corner in the box market "Date copy sent to Claimant". The Court Officer will then determine the rate of payment and send you and the defendant a copy of the new order.

only put this information.

[Amethyst]

Re: Help with my small claim (final step)

Doesn't appear so, it used to be a form n246 but seems to just be a letter now, as I'm not certain on that maybe give the court a call and ask them.

[gogoru]

Re: Help with my small claim (final step)

Doesn't appear so, it used to be a form n246 but seems to just be a letter now, as I'm not certain on that maybe give the court a call and ask them.

Ok, thanks for your time