Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
debt advice - reducing_payments_or_suspending_a_bailiffs_warrant_on_a_county_court_judgment

debt advice - reducing_payments_or_suspending_a_bailiffs_warrant_on_a_county_court_judgment

Ratings: (0)|Views: 32 |Likes:
Published by Debt Advice
Free Debt Advice and Debt Management Planning guides. Avoid bankrupty today. www.InsolvencyHelplineNews.co.uk
Free Debt Advice and Debt Management Planning guides. Avoid bankrupty today. www.InsolvencyHelplineNews.co.uk

More info:

Published by: Debt Advice on Nov 25, 2008
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

05/09/2014

pdf

text

original

Reduction of Instalment/Warrant
1
REDUCING PAYMENTS OR SUSPENDING A BAILIFFS
WARRANT ON A COUNTY COURT JUDGMENT
F

From January 2006 you will have to pay a \u00a335.00 fee to the court when you make your application. If you are on a low income or certain benefits you may not have to pay the fee. See the section on fees at the end of this factsheet.

WHEN DO I NEED TO
MAKE THIS KIND OF
A
APPLICATION?
C
\u2022

If the county court has already ordered you to pay a set amount each month on a credit debt and you cannot afford the amount set.

OR
\u2022 If the county court has informed
you that a creditor has issued a
\u2018Warrant of Execution\u2019 or you have
been visited by a county court
bailiff.

Some courts will make you pay two sets of fees if you want to suspend a warrant and reduce instalments. This should not happen. Complain to the court manager or\ue000 Phone us for advice.

APPLYING TO REDUCE AN
INSTALMENT ORDER
\u2022
Use the \u201cDealing with your
Debts\u201d pack to work out offers

of repayment on all your credit debts. If any of your creditors have already taken court action, the amount you have been ordered to pay may be more than the amount you have worked out you can afford.

\u2022

You will need to apply for a reduction of the instalment order. This application must be made on court form N245 which is available from your local county court.

See
the
sample
application form attached.
T
\u2022

You could try negotiating directly with the creditor to see if they

will
accept

reduced payments without going back to court. Send them your personal budget. This could save you paying the fee to the court.

S
H
APPLYING TO SUSPEND A
WARRANT OF EXECUTION
E

If you do not make payments as ordered by the court the creditor may issue a \u2018Warrant of Execution\u2019 This warrant authorises a county court bailiff to take away your possessions and have them sold at auction. Usually, you will have some warning such as note from the bailiffs telling you they intend to visit. It is usually quite easy to stop this happening.

ET
N
YOU DON\u2019T HAVE TO LET THE
BAILIFF IN.
O

The bailiffs are not allowed to force their way into your home unless you have let them in on a previous visit.

8
THE UKINSOLVENCY HELPLINE

The bailiff could then sell the goods and keep the difference. This is very unusual and can only happen in certain circumstances.\ue000

Phone us for advice.
Reduction of Instalment/warrant
2
WHAT IF I HAVE ALREADY LET
THE BAILIFF INTO MY HOME?

There are some goods that the bailiff cannot take: e.g. tools, books, vehicles and equipment necessary for use personally in employment.

Other exemptions include clothing, bedding, furniture, household equipment and provisions for \u201cbasic domestic needs\u201d. The bailiff won\u2019t usually take away goods on a first visit. They are likely to ask you to sign a \u201cWalking Possession

Agreement\u201d.This allows you to keep using

the items listed on the agreement, but means that the bailiff can return and take the goods by breaking in if necessary.

HOW DO I APPLY TO SUSPEND
THE \u2018WARRANT OF
EXECUTION\u2019?

This application must be made on a form N245 which is available from the county court. The court cannot refuse to accept the application just because the bailiff has not yet visited or managed to get in but the bailiff can continue to call round until the court agrees to suspend the warrant. See the sample N245 application form attached.

Even if you have signed a Walking Possession Agreement you can still apply to the court for the warrant to be suspended.

FILLING IN THE N245
APPLICATION FORM
WHAT IF THERE ARE NO

Use the \u201cDealing with your Debts\u201d pack to work out your personal budget. Make sure you include all your income and expenses from your personal budget on form N245. If you are a couple it is usually best to include your total household income and expenses. Make sure you have included details of all payments you make on your debts. This will make it clear to the court that you can only afford to pay the amount you have offered.\ue000

Phone us for advice if you have any
difficulties filling in the form.
GOODS TO TAKE?

When the bailiffs come into your home they may decide that your goods are not worth enough to cover their costs of coming out with a van and removing and selling them. If this is the case the bailiff will return the warrant to court with a note to say there are goods of insufficient value. The bailiffs should not take any further action.

GOODS ON HIRE
If you have applied to suspend a Warrant
PURCHASE/CONDITIONAL SALE
of Execution, the bailiffs will not remove
any of your goods before your application

The bailiff should not take goods that belong to other people. You should explain that the goods do not belong to you. Show a receipt or credit agreement as proof. They can take goods that are jointly owned by you and your partner but they are only entitled to your share of the goods.

has been decided. But they can keep trying to make a list of your saleable goods (a levy), so may keep calling even if you don\u2019t let them in.

FEES

Most bailiffs will not take goods on hire purchase or conditional sale type agreements. They may be able to take goods if they think the goods are worth more than the amount you owe to the hire purchase/conditional sale company.

There will usually be a fee of \u00a335.00 to pay with your application. If you are on a low income or certain benefits you may not have to pay the fee. See the section on fees at the

end of this factsheet.
Reduction of Instalment/warrant
3
WHAT HAPPENS NEXT?

Send or take your completed N245 application form to the county court that sent the warrant to you. You will have to pay a \u00a335.00 fee to the court when you give them the application unless you are exempt or don\u2019t have to pay on grounds of hardship (see section on \u201cFees\u201d). Try to keep a copy of the completed form for yourself. The court will send a copy of your application form to the creditor.

\u2022If your creditor agrees to your
application.

They will notify the court. The court will then send you details of what has been agreed and how to pay.

\u2022If the creditor does not agree to the offer
of payment on your application.

The court will work out how much you should pay from the information you have provided on the form.

\u2022If the creditor objects to the warrant of
execution being suspended at all.

There will a short hearing for the district judge to decide what to do. You must go along and explain your circumstances in person. Take a copy of your personal budget with you.

\u2022 If the court orders you to pay more than
you have offered.

If you do not agree with the amount the court orders you to pay you can ask for a hearing to explain your offer to the district judge. You need to use a general application form called an N244 which is available from your local county court and ask for the court to reconsider the offer you have made. There should not be another fee to pay at this stage. You must do this within 14 days of receiving the order to pay. You should go along to the hearing, take a copy of your personal budget with you.

COUNTY COURT FEES
DO I HAVE TO PAY A FEE FOR AN APPLICATION IN THE COUNTY COURT?
There will usually be a fee to pay with your application. You can ask the court not to pay the fee in
some circumstances. The form you will need to fill in is called an EX160 "Application for a fee
exemption or remission."This form needs to go to the court with your main application. If the

court agrees your application you will not have to pay the fee. If you pay a fee when you should have been exempt or would have qualified for a remission, then you have six months to apply to the court for a refund.

EXEMPTIONS

If you are on income support or income-based jobseeker\u2019s allowance (JSA) you can ask the court for exemption from the fee. You need to give the court proof that you are getting the benefit. You will be exempt if you or your partner are on the guarantee credit element of pension credit.

If you are on working tax credit you will be exempt from the court fee in these circumstances:
if you are also on child tax credit,
or
you receive the disability or severe disability element in your working tax credit,
and in either case
your gross annual income taken into account for working tax credit is \u00a315,460 or less (from 6 April
2006).

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->