How to fight an Application for Suspension of a warrant or variation of an order N245

[david.king]

I have recently successfully defended a small claims against me and and won my counter claim. The Claimant was order to pay me £1000 for costs and rental the claimant owed me.
The Claimant has now competed a N245 saying she can only pay £2.50 per month which will take 33 years to pay the £1000.
I believe the claimant has not told the truth on the form and has additional money or income than she is claiming.

What should I do. When filling the form rejecting her offer should I provide the evidence I have or leave it to a hearing.
Can I demand to see her bank statements and proof she is on income support?

[bluebottle]

Re: How to fight an Application for Suspension of a warrant or variation of an order

Hi and welcome to Legal Beagles.

Probably, the best way is to ask for an Oral Hearing. This means the Defendant in your counter-claim has to attend the hearing, which is, usually before the Chief Clerk of the Court. If they fail to attend, the hearing will be adjourned and a letter sent to them with a warning that if they do not attend the adjourned hearing, they will be in contempt of court and liable to be arrested by court bailiffs.

At an Oral Hearing, the Defendant MUST produce proof of all assets, income and expenditure. The court takes a serious view of any attempt to mislead the court.

Whilst you could ask court bailiffs to enforce the judgement or have the judgement transferred to the High Court for enforcement by High Court Enforcement Officers (HCEOs), an Oral Hearing can be useful in determining whether such enforcement action is viable.

Other LB members may have other suggestions, so keep checking this thread.

[ploddertom]

Re: How to fight an Application for Suspension of a warrant or variation of an order

I have recently successfully defended a small claims against me and and won my counter claim. The Claimant was order to pay me £1000 for costs and rental the claimant owed me.
The Claimant has now competed a N245 saying she can only pay £2.50 per month which will take 33 years to pay the £1000.
I believe the claimant has not told the truth on the form and has additional money or income than she is claiming.

What should I do. When filling the form rejecting her offer should I provide the evidence I have or leave it to a hearing.
Can I demand to see her bank statements and proof she is on income support?

I assume all you have at present is notification they have applied for a Variation Order, have you had sight of the I&E that has been submitted? You may object to some of the expenditure if you think it excessive or frivolous. If nothing obvious you should object to the sum being offered and let a Judge decide, but bear in mind he may decide the offer is fair or could reduce it further, he can always increase it as well. 6 months down the line there is nothing stopping you applying for another Variation trying to increase it either.

[CleverClogs]

Re: How to fight an Application for Suspension of a warrant or variation of an order

Or apply for an "agitabit inversus" Order?

[enquirer]

Re: How to fight an Application for Suspension of a warrant or variation of an order

Follow the advice given by Bluebottle.

If you really want to put the boot in, make her bankrupt. You won't get your money, but it will completely trash her life.

[wales01man]

Re: How to fight an Application for Suspension of a warrant or variation of an order

To make someone else bankrupt costs money is it wise for a grand does anyone know thecost?

[CleverClogs]

Re: How to fight an Application for Suspension of a warrant or variation of an order

To make someone else bankrupt costs money is it wise for a grand does anyone know the cost?

Nearly another thousand, though the various costs of their bankruptcy (which they'd have to pay) will be much, much more.

[david.king]

Re: How to fight an Application for Suspension of a warrant or variation of an order

I assume all you have at present is notification they have applied for a Variation Order, have you had sight of the I&E that has been submitted? You may object to some of the expenditure if you think it excessive or frivolous. If nothing obvious you should object to the sum being offered and let a Judge decide, but bear in mind he may decide the offer is fair or could reduce it further, he can always increase it as well. 6 months down the line there is nothing stopping you applying for another Variation trying to increase it either.

I have seen the I&E which I know is incorrect. I know she works for people on cash in hand basis and this is not shown. The claimant is showing she is spending more than her income but not showing other out goings which I know she has. It therefore proves she has other income she is not showing.

[david.king]

Re: How to fight an Application for Suspension of a warrant or variation of an order

What is a "agitabit inversus" Order?

[david.king]

Re: How to fight an Application for Suspension of a warrant or variation of an order

Thanks for your reply. I think an Oral Hearing is a good idea especially if she has to prove her income and outgoings.

[wales01man]

Re: How to fight an Application for Suspension of a warrant or variation of an order

CC
If they spend the money to make her bankrupt she may have no assets or cash to pay any of the costs he will lose a grand she will after a few months be discharged maybe not a bad thing for her?

[ploddertom]

Re: How to fight an Application for Suspension of a warrant or variation of an order

Thanks for your reply. I think an Oral Hearing is a good idea especially if she has to prove her income and outgoings.

I think you may find that the Variation application has to go through first & you will have to wait for them to default on payments before you can go for any further action.