Application Dismissed by Court - Is this a good or bad thing?

skint-student-nurse

Evening all!

I recently had to send an SOA to my local county court relating to a debt and put in an offer of what i could afford to pay per month.

I received a letter today from the court saying that my application has been dismissed and there really wasnt anything else on the letter.

Can someone please clarify what this means please?

TIA

unhappy_with_ecar

Ring the court and speak to them, they are usually quite helpful in explaining their paperwork.

If you're application has been dismissed, it means that they have rejected your offer. This may be because the figures you put on the form are wrong - you may be claiming too high an expense for some things or it could be that your outgoings are shown to be more than your incomings, in which case any offer you made would be rejected because you'd shown in your form that you couldn't afford to pay anything.

Make a new application, make sure the numbers add up and that the difference between your incoming and outgoing costs relates to the figure that you are offering to pay each month

Savvy2Be

It will be as 'Unhappy with ecar' says that the figures provided in your statement of means form dont add up correctly, possibly leaving a negative balance. Even when you are stating you are making an offer of payment, if the means form shows a negative balance generally this is referred to a District Judge who may dismiss the application. Generally statement on means forms are for enforcements such as bailiffs warrants or attachement of earnings applications (all methods of creditors trying to regain money owed via the county court).

You will need to act quickly in putting in a new application as a dismissal order will mean if there is a warrant or application for attachment to earnings, the creditor can reissue this and proceed. As soon as the court receives your new application, enforcement is suspended pending outcome of the application. Ring the court, get a new form sent out, or you can download the form from the HMCS website - http://www.hmcourts-service.gov.uk/ & select 'Forms & Guidance' and go through the search menu (the form you put in has a title number at the bottom if you have a copy of it for example N56 statement of means) If unsure which one you require phone the court and they will let you know.


Hope that helps. If unsure which form P/M me I should be able to suss out which you have made.

(used to work for for HMCS - procedural advice only)

skint-student-nurse

thanks for your replies

the paperwork i originally sent to the court regarding this was a SOA and attachment of earnings. I filled in the paperwork with the help of CCCS and also filed some paperwork sent from them which they advised me to do. Im starting a DMP,and yes,my outgoings are more than my incoming. I will contact the court and get them to claify what this means.

thestealer

skint-student-nurse wrote: »

thanks for your replies

the paperwork i originally sent to the court regarding this was a SOA and attachment of earnings. I filled in the paperwork with the help of CCCS and also filed some paperwork sent from them which they advised me to do. Im starting a DMP,and yes,my outgoings are more than my incoming. I will contact the court and get them to claify what this means.

I think you're figures are wrong somewhere along the line because if your income is less than your outgoing, you can't really do a DMP either, you need even a little surplus to pay the creditors.

If your CCCS budget sheet shows you have money left to pay creditors then I would make it match the court papers exactly.