CCJ - order to vary

[AntelopeBoy]

Hi.

I have am the creditor with an outstanding CCJ. The debtor obtained an Order to Vary which specified a monthly amount; for four months I have received no payments.

How can I get this Order to Vary overturned?

TIA

[charitynjw]

Re: CCJ - order to vary

https://www.gov.uk/make-court-claim-...rce-a-judgment

[AntelopeBoy]

Re: CCJ - order to vary

https://www.gov.uk/make-court-claim-...rce-a-judgment

Many thanks. The only option here seems to be bailiffs for a number of reasons, however they have told me the OtV needs to be set aside before they can begin action.

Would I have to make an application to the court using an N244, or is there another route for the setting aside of an Order already made?

[ploddertom]

Re: CCJ - order to vary

How much was the original Judgment for? You can also apply for a Variation Order on the debt.

[AntelopeBoy]

Re: CCJ - order to vary

How much was the original Judgment for? You can also apply for a Variation Order on the debt.

Judgement was just over £7.5k, costs made it just over £9k total

[ploddertom]

Re: CCJ - order to vary

You should have tried transferring it to the High Court for enforcement. Still not to late to ring them for advice http://thesheriffsoffice.com/instruct-us-money-judgment

Just so you are aware if you submit an N244 cost is £255 unless you can claim remission.

[AntelopeBoy]

Re: CCJ - order to vary

You should have tried transferring it to the High Court for enforcement. Still not to late to ring them for advice http://thesheriffsoffice.com/instruct-us-money-judgment

Just so you are aware if you submit an N244 cost is £255 unless you can claim remission.

I have transferred it to the High Court for enforcement and have a live HC writ, however they will not act whilst there is a "live" Order to Vary, hence why I want it set aside.

If N244 is the only route I will be giving the debtor the opportunity to settle in full before action so I can at least attempt to claim the costs back.

[ploddertom]

Re: CCJ - order to vary

I'm surprised at their stance as the defendant has clearly broken the terms of the Variation Order. I would be asking the Court for directions rather than just filing an application.

[AntelopeBoy]

Re: CCJ - order to vary

I'm surprised at their stance as the defendant has clearly broken the terms of the Variation Order. I would be asking the Court for directions rather than just filing an application.

I know, nightmare. I can totally understand where they're coming from though given how highly regulated their sector is.

[ploddertom]

Re: CCJ - order to vary

Not trying to pry but which HCEO have you gone with - some are much better than others.

[AntelopeBoy]

Re: CCJ - order to vary

Not trying to pry but which HCEO have you gone with - some are much better than others.

DCBL who were about as useful as a chocolate teapot , and TSO who are saying they can't act whilst a live OtV is in play

[ploddertom]

Re: CCJ - order to vary

I'm surprised that is the Sheriffs Office reply as they are one of the better HCEOs. DCBL should have been put out to grass a long time ago.