enforcement notice - refusing to make arrangement

[delladonut]

Hi, new to this site and in freefall panic.

My partner has received a notice of enforcement for a CCJ debt owed to the royal mail from a previous/folded business
She made an arrangement with the solicitors when the CCJ went thru last year but because of being unemployed (has been at home caring for her 2 year old son) has not been able to make payments, however she has now been working for 3 weeks and in a better position to start to reduce the debt.

Yesterday an enforcement notice arrived, we have to pay £4600 by Thurs 5th March or the bailiffs will visit. (Andrew Wilson)

We cannot raise that sort of money, she called the bailiffs asking to make an arrangement (as the enforcement notice clearly says"You must pay, or agree a payment arrangement with the enforcement agent, by 5th March:" but they have completely refused to make an arrangement at all, she also spoke to the solicitors who also refused.

We would probably be able to raise about £2k by next week and pay the remainder over the next 3 months but they refuse to negotiate.

Can you advise what our options are? We aren't well off, currently receive housing benefit and to be honest neither of us own possessions worth seizing to cover the debt! I work for myself in a small new business but am not making any profit yet. We are broke and have no family or friends we can ask.

Please help
Thankyou

[ploddertom]

Re: enforcement notice - refusing to make arrangement

What status did the failed business trade as? Are they attending a residential address or business?

[delladonut]

Re: enforcement notice - refusing to make arrangement

Residential address, we have moved since. It was an online cosmetics business (selling via ebay) the debt is "partner's name T/A company name"

[ploddertom]

Re: enforcement notice - refusing to make arrangement

So as a Sole Trader then.

The notice you have been given sounds worse than it actually is. Providing you keep your door locked and make sure anything of value outside is put away under lock and key - a car should be put in a locked garage and any windows blocked up - then there is not much he can do. Probably will call 3 or 4 times before returning the Writ back to the Creditor who can engage another HCEO or take other enforcemnet action.

Did you know about the CCJ and did you defend it at all?

Best way forward is to apply for a Stay of Execution against the Writ - if granted halts all further enforcement action & charges - cost of application is £155 using Form N244 but see below for more on this. You should also apply for a Variation Order which will permit an affordable payment plan - cost of this application is £50 using Form N245. If you are on certain Benefits or low wage then you may qualify for free or reduced payment - See Forms EX160a & EX160c for details.

[delladonut]

Re: enforcement notice - refusing to make arrangement

Thank you, We knew about the CCJ and tried all we could to raise the funds to pay it before court but simply had no money and a small child. We have moved house and half way up the country to lower the rent, I have been working 2 jobs, but it's just so hard to make ends meet. We get child tax credit and housing benefit now.
Anyway, thank you, we will lock the doors but have no lockable garage, we live on an old falling down farm so its an open barn full of tatty garden bits and rubbish, both our (old and not valuable) cars are parked outside in the farmyard not sure how we could hide them. will look at the forms you suggest. When you say "see below" where did you mean? Sorry, new to all this.
SO grateful x

[delladonut]

Re: enforcement notice - refusing to make arrangement

Sorry, me again, where do I find the forms you mention and where do I send them?

[Kati]

Re: enforcement notice - refusing to make arrangement

Thank you, We knew about the CCJ and tried all we could to raise the funds to pay it before court but simply had no money and a small child. We have moved house and half way up the country to lower the rent, I have been working 2 jobs, but it's just so hard to make ends meet. We get child tax credit and housing benefit now.
Anyway, thank you, we will lock the doors but have no lockable garage, we live on an old falling down farm so its an open barn full of tatty garden bits and rubbish, both our (old and not valuable) cars are parked outside in the farmyard not sure how we could hide them. will look at the forms you suggest. When you say "see below" where did you mean? Sorry, new to all this.
SO grateful x

So as a Sole Trader then.

The notice you have been given sounds worse than it actually is. Providing you keep your door locked and make sure anything of value outside is put away under lock and key - a car should be put in a locked garage and any windows blocked up - then there is not much he can do. Probably will call 3 or 4 times before returning the Writ back to the Creditor who can engage another HCEO or take other enforcemnet action.

Did you know about the CCJ and did you defend it at all?

Best way forward is to apply for a Stay of Execution against the Writ - if granted halts all further enforcement action & charges - cost of application is £155 using Form N244 but see below for more on this. You should also apply for a Variation Order which will permit an affordable payment plan - cost of this application is £50 using Form N245. If you are on certain Benefits or low wage then you may qualify for free or reduced payment - See Forms EX160a & EX160c for details.

I think he means see forms EX160a and EX160c (to see if you need to pay the costs on the N244 and N245)
EX160a (https://www.google.co.uk/url?sa=t&rc...87269000,d.d24) "Court and Tribunal Fees, Do I Have to Pay Them?"
EX160c (https://www.google.co.uk/url?sa=t&rc...87269000,d.d24) "Extended List of Contributions, to be read in conjunction with form EX160a"
:tinysmile_twink_t2:
K x

[Kati]

Re: enforcement notice - refusing to make arrangement

Sorry, me again, where do I find the forms you mention and where do I send them?

I think you'll find them here - https://www.justice.gov.uk/courts/pr...es/civil/forms

or (pdf versions)
N244: https://www.google.co.uk/url?sa=t&rc...HrkLalbGGoV5cw
N245: https://www.google.co.uk/url?sa=t&rc...pymZwRGsqII8Jw

[delladonut]

Re: enforcement notice - refusing to make arrangement

Thanks so much, have been and looked and found the N244 but it says there is no such thing as an N245.
Just been speaking online to the Nat Debtline and they say the forms have to be signed by a solicitor and sent to the court dealing with this, does that sound right?
Also I don't have the court, the enforcement notice just says "county court business centre" presuably that's the same court that issues the ccj? St Katherine's in Northampton?

[delladonut]

Re: enforcement notice - refusing to make arrangement

I found it, it's a N294 I think?

[stevemLS]

Re: enforcement notice - refusing to make arrangement

Yes, the court is the CCBC at Northampton.

[ploddertom]

Re: enforcement notice - refusing to make arrangement

Thanks so much, have been and looked and found the N244 but it says there is no such thing as an N245. N245 is in Kati's link in Post 8 & it is the correct form.
Just been speaking online to the Nat Debtline and they say the forms have to be signed by a solicitor and sent to the court dealing with this, does that sound right? No- they don't do these very often so get confused.
Also I don't have the court, the enforcement notice just says "county court business centre" presuably that's the same court that issues the ccj? St Katherine's in Northampton?

The N244 when completed must be sent to the High Court in London or better taken in person to a County Court that also acts as a District Registry of the High Court. It is not quite a straight forward form to fill in but can help with that. Reason for doing it in person is that often a Judge can be found who will hear the application immediately.

The N245 should be returned to the Court where the CCJ was last heard but it is worth taking with N244 as sometimes they will accept both together and possibly only 1 fee will be payable for both applications. The N245 is a simple form to fill in but you must ensure that when filling in the I&E it bears out what you are offering.

[delladonut]

Re: enforcement notice - refusing to make arrangement

Hi, thanks everyone, I have got the N245 now from the link. I will def need help completing the N244, sorry to be feeble.

Few other vital questions:

Can you confirm definitely that we don't have to get the N244 form sworn by an independent solicitor? Nat debtline said we would have to get this done before taking/sending forms to the court and there's a bit on the N244 under Statement of Truth that has a space for a legal rep and asks for the name of a legal rep firm - we have neither at present. BUT It would really help if we don't have to do this as Elaine is at work from 6am Monday to late Weds night and the end date of the Enforcement is Thurs 5th at 4pm.

And so once it's completed from what you have said (as I understand it ), we complete the N244 and the N245 and send by Thursday:

• Both forms to St Katherine's Court in Northampton (where the orig CCJ was issued)

AND

• N244 to the High Court in London or a County Court - we live near Welshpool and according to http://en.wikipedia.org/wiki/List_of...the_High_Court there's one there - would that do? I could take it in person on Weds but Elaine can't be there as she's working away til Thurs morning. Could it be taken in by Elaine on Thurs as the notice of enforcement says payment by 4pm Thurs 5th March

Another question - we are making an offer of paying a lump off initially (hopefully 1000-2000£) does this have to be available/taken with the form? Is it payable on the day (this Thurs)?

Sorry for all the questions, hope you don't mind me keeping on asking

[Kati]

Re: enforcement notice - refusing to make arrangement

You can fill in, sign and send off the N244 without the need of a solicitor (see HERE for guidance)
I'm not sure on your other questions, but there will be other Beagles along to help/advise soon.

K x

[ploddertom]

Re: enforcement notice - refusing to make arrangement

Hi, thanks everyone, I have got the N245 now from the link. I will def need help completing the N244, sorry to be feeble.

Few other vital questions:

Can you confirm definitely that we don't have to get the N244 form sworn by an independent solicitor? Nat debtline said we would have to get this done before taking/sending forms to the court and there's a bit on the N244 under Statement of Truth that has a space for a legal rep and asks for the name of a legal rep firm - we have neither at present. BUT It would really help if we don't have to do this as Elaine is at work from 6am Monday to late Weds night and the end date of the Enforcement is Thurs 5th at 4pm.

And so once it's completed from what you have said (as I understand it ), we complete the N244 and the N245 and send by Thursday:

• Both forms to St Katherine's Court in Northampton (where the orig CCJ was issued)

AND

• N244 to the High Court in London or a County Court - we live near Welshpool and according to http://en.wikipedia.org/wiki/List_of...the_High_Court there's one there - would that do? I could take it in person on Weds but Elaine can't be there as she's working away til Thurs morning. Could it be taken in by Elaine on Thurs as the notice of enforcement says payment by 4pm Thurs 5th March

Another question - we are making an offer of paying a lump off initially (hopefully 1000-2000£) does this have to be available/taken with the form? Is it payable on the day (this Thurs)?

Sorry for all the questions, hope you don't mind me keeping on asking

You can fill in, sign and send off the N244 without the need of a solicitor (see HERE for guidance)
I'm not sure on your other questions, but there will be other Beagles along to help/advise soon.

K x

As Kati says you do not need a solicitor to sign any of these forms. If you have a name of who told you this at NDL I can have a quiet word in someones ear there who will in turn appraise them of the correct procedure - however do not name them here. I have sent you a PM with a general guide as to how to fill in the N244 - reason for doing it like this is so the "enemy" do not see what you are applying for & why. The link you have loked at for the Courts is unfortunately out of date, I have listed your nearest 2 Courts in the PM.