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Can I suspend /put off HCEO action?

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  • Can I suspend /put off HCEO action?

    Looks like I may be facing High Court enforcement but looking at how quickly the process can be I really need time to sort things out.
    Is there a way to suspend or put off action and if so what process would I follow to do this please?
    Also likely chances of success?
    Thank you
    Tags: None

  • #2
    Difficult to say without knowing the case - is it a CCJ ? negotiating an instalment payment with the judgment holder is a good idea, alternatively applying to the court to vary a forthwith order to instalments (form N245 )
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      Yes a CCJ likely to be transferred to High Court.
      Is it worth posting both the N244 & N245?

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      • #4
        The N244 would be if you wanted to apply to set aside the judgment - if you just want to apply to vary the order to instalments then just the N245. You can't apply to suspend a warrant until there is a warrant to suspend - have the judgment holders actually applied ?
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

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        • #5
          No but I think it's coming so educating myself now. I have a ccj from the county court with agreed payments in place but as it's not a CCA regulated debt it can follow a different path. If it does go to the High Court do I return the N245 to the County Court still or the High Court?
          Thanks

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          • #6
            Until something happens it is not worth contemplating what to do as the processes are completely different. If you have a CCJ and agreed payments in place then unless you default on payments then nothing is likely to happen. If you are struggling with payments then it may pay to apply to reduce them but be warned your Claimant can object and even ask for an increase.

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            • #7
              Thanks for the reassurance.
              I guess my concern is I feel they only went for the CCJ in the first place just to escalate the matter to enforcement as they know my debt with them is not CCA regulated.
              They are a Solicitor regulated company who I assume know the process

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              • #8
                Unless they tell you then the first you would know about HCEO involvement is a Notice of Enforcement (a legal requirement) posted or delivered to you and even that gives you 7 days to try and reach an agreement or formulate a plan to deal with it.
                Last edited by ploddertom; 20th September 2019, 12:06:PM.

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