Help with stay of execution and varying a CCJ

[morgah123]

I have received a notice of enforcement from high court enforcement company saying I have until next week to pay or come to arrangement for a CCJ from Npower for £2900 that was registered against me in 2013.

I had no knowledge of the CCJ until now as I had moved away 2 months prior to the CCJ being registered.

I am willing to pay off the debt in monthly instalments, i phoned the enforcment company and offered £90 per month they wanted at least £250 plus they are charging interest on top.

I have done some reading around on this site and online and from what I gather i should apply for a stay of execution with offer of instalments, apparently I can do this at the high court and ask for an immediate hearing. Is this correct?

I have to fill out form N244, this form asks for a draft order and witness statement - could someone advise me on how to get/fill out these documents?

I am not clear as to whether I have to also fill out form N245 as well as N244, or can I supply my income/expenditure as part of my witness statement?

What additional paperwork to I need to show? ie payslips tenancy agreement?

Thanks in advance for any your advice

[ploddertom]

Re: Help with stay of execution and varying a CCJ

You can only apply for a Stay if you have grounds for doing so. What grounds do you mean to use?

You say you did not know about the CCJ as you had moved 2 months prior to it being granted. The process of applying for a CCJ would have started well before you moved or did you just ignore all the paperwork about it as well requests for payment,

[Amethyst]

Re: Help with stay of execution and varying a CCJ

To be fair a CCJ by default can be obtained within 3 weeks of issuing a claim, if a defendant fails to respond to a claim at all within 17 days from issue the claimant can ask for a default judgment.

If this is the first you have heard of it you should be able to apply to have the judgment set aside and put a hold on the warrant of execution. As you've already been advised by the sounds of it

I have to fill out form N244, this form asks for a draft order and witness statement - could someone advise me on how to get/fill out these documents?

Yes we can give you a bit of guidance with htose. Firstly though what was the debt for and was it disputed at the time?

[morgah123]

Re: Help with stay of execution and varying a CCJ

the grounds i am going to use are that i wasnt at that address when the judgement was registered, i genuinely didn't receive the ccj paperwork, if I had i would have been in a position to pay off in a lump sum, the debt relates to a previous address to the one where it was registered. I am not asking for it to be set aside, just for them to let me make affordable repayments without the enforcement agents adding 8% interest as well

[morgah123]

Re: Help with stay of execution and varying a CCJ

the debt was for gas and electricity, there were additional charges applied by Npower, i dont have any paperwork relating to the bill. To be honest i just want to pay it off its just that i cant do it at the rate they want me to

[Debt Camel]

Re: Help with stay of execution and varying a CCJ

How large were the debts before interest started being added?

[Crazy council]

Re: Help with stay of execution and varying a CCJ

hi @morgar123

Npower wasnt very good at billing people iether correctly or at all at the time.

http://www.thisismoney.co.uk/money/b...-entirely.html

I would go for Npower as well, ring the number on that link ( if its still the same ), email them, quiry the bill, ask if any was for back charges, ask them the date you recived the reletive bills.

Tell them that you would have paid if the bill was sent, and correct, ask them to hold off on enforcement whilst they confirm that they actualy billed you, and if any are for backcharges. If anyone says no, make sure they do it by email.

Are you sure you owe it all ?

edit. another link http://www.moneysavingexpert.com/new...and-late-bills

[ploddertom]

Re: Help with stay of execution and varying a CCJ

I doubt whether using those grounds solely for a Stay would be successful as the normal application under those circumstances would be for Set Aside. If you were to extend it you may have a better chance - for example:
a - the first you knew of a CCJ was the intervention of a High Court Enforcement Officer
b - you cannot apply for Set Aside because you cannot mount a viable defence against the monies the Judgment Claimant wants
c - the Enforcement Co are refusing your offer of payment demanding an unrealistic sum instead
d - you will not be able to pay the the additional fees the attending Enforcement Agent will apply - you will be liable to Enforcement Stages 1 & 2 which when taking the uplift of 7.5% into consideration is going to add over £1000 to the initial debt
e - pending determination of a Variation Order

I would certainly go with others are saying about finding out more from nPower. One good thing is if this is for a residential debt then they have no automatic right of entry and should be kept at bay outside, making sure anything of value outside is removed including vehicles.