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Never did get a response on this? I am wanting to stay the Marstons interest on the debt from the courts. Do I use a N244 or N245?
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Not as knowledgeable on this as I am on employment but I believe that:
N244 should be used to ask a court to cancel or ‘set aside’ a CCJ, to change the rate you pay to a suspended possession order, or to ask the court to stop action from High Court enforcement officers.
N245 can be used to apply for suspension of a warrant and/or variation of an instalment order, to ask for a change in the amount you pay to a CCJ, or to ask the court to stop bailiff action for a CCJ.
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Thanks that seems to be commensurate with what I have been told so far.Comment
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N244 is to make any application to the court in general, so to suspend interest on a judgement you would use form N244 and the application you would need to make would be to vary the judgement in question with the variation being the suspension of interest on the terms you wish to propose.
If the other party agree (in advance of the application) to the variation the fee for the application will be £108 and if you do not have their consent then the fee for the application is £275.
You should file with the court and pay the appropriate fee as well as serve the application on all other parties.
As Ula stated N245 is used to suspend warrants and generally used in that purpose when a warrant has been issued on a judgement that a person wasn't aware of and they want to go to court to seek set aside of the judgement.
Whilst in the title it does state 'variation of an order' it means a very specific variation as detailed in the form, 'a reduction in the instalment order.'
Suspension of interest may reduce the instalment payable, however N245 is to ask to pay less based on personal circumstances with all the amounts of the order remaining hence why it's asking all financial questions on it.COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
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This is very good advice thanks. I Qualify for an ex160 so that should help. Kind regards 007Comment
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Yes the courts accepted my 244 but rejected 245 on the basis that there wasn't a payment to vary. It seems that pre order agreement the 244 is always the way to go on variation of any warrant or order further to ones circumstances.. Thank you teamComment
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