Bailiff Advice Please

[alham]

Re: Bailiff Advice Please

Call CAD as a priority, unfortunately the court is playing hardball. There are things you can do BUT you need proper legal assistance. Start with CAD and keep us posted. And you need to move fast.

[ploddertom]

Re: Bailiff Advice Please

Im not sure what you mean about applied for variation?

You said in Post 26 you applied to "vary the judgment" - my interpretation of this is that you made an application to vary what you have to pay? It may be a good idea to say what you actually applied for as on Form N245 to Vary Judgment there is also a box to Suspend the Warrant. It sounds to me as if you filled a different form in.

I would also suggest you ask the Council or local CAB if they have a Welfare Rights Adviser who can check to see if you are claiming all you are entitled to.

[tlc75]

Re: Bailiff Advice Please

I was advised by CAB to do nothing until I received the notice of determination, unfortunatley I have never received a notice of determination! I have phoned CAB this morning, now waiting for them to give me a call back. Im now getting very worried.

[ploddertom]

Re: Bailiff Advice Please

I was advised by CAB to do nothing until I received the notice of determination, - what were they supposed to be determining - unfortunatley I have never received a notice of determination! I have phoned CAB this morning, now waiting for them to give me a call back. Im now getting very worried.

- Post 33

To update. I recv'd from the court on Saturday morning, that my application to vary the judgement was dismissed, and that the judgement remains a forthwith judgement.

- Post 26

Sorry but I appear to be missing something here. Is it possible you can explain.

[ploddertom]

Re: Bailiff Advice Please

The process follows a set pattern.

You are served with papers alleging you owe someone.
Rightly or wrongly Judgment is awarded against you either with or without your knowledge.
You may:
i - apply to have the Judgment Set Aside - dependent on certain grounds
ii - you may apply for a Variation Order whereby the Court may set the level of payments
iii - you may do nothing - in which case the Claimant may apply to have the Judgment enforced by one of various means, the most popular of which is by Warrant of Execution whereby the County Court Bailiff is instructed to visit to either collect payment or remove goods to satisfy payment.

[tlc75]

Re: Bailiff Advice Please

Well, back down the same road AGAIN!! Baliff called, and left a warrent of execution. I completed the form she advised me to complete to stop this action happening form n245 suspension of the warrant, and AGAIN, completed an amount I could afford to pay, the claimant AGAIN has declined my offer, so back to court I go AGAIN!!! What can the judge do now? What happens now the claimant has declined my offer again, can he send a bailiff again? If so, could I again apply for the form n245, and tick the box, a reduction in the instalment order?