Advice needed please - letter from Restons

CurlySue2017

Thank you fatbelly, I'm just so confused......earlier in the thread, we were advised to go ahead with the N245 to suspend any enforcement action and this is also what Stepchange advised. Would you advise against this?

I also forgot to add yesterday that we wrote to them as advised requesting the details of the CCJ's and they wrote back to say that because our letter was not signed by hand, they cannot confirm that they are dealing with the correct person and therefore cannot send any details.....what?! IMO there is absolutely no way that they should be sending out very threatening and scary letters to anyone unless they are 100% sure they have the right person.....surely it is their job to prove liability?

Do we write back to them, or just keep on doing what we are being advised and basically ignore them at this stage?

At the moment, there is nothing to link him to the address where the CCJ's are registered (he left there years ago, before they were issued) so that could buy us some time to get the information needed for the DRO.

fatbelly

Hi - I'm saying it's OK to try to vary the order. But unless you can get remission that will cost £50 per claim (I think) and will only be a temporary solution, if it works.

If you can get £90 he can do a DRO, bung both debts in and that is a permanent solution.

I don't deny the use of an N245 but often question the timing of its use. In your case you are looking to delay an attachment to earnings, which is fine. Most people are trying to stave off bailiffs and, as the form has two boxes to tick (suspend the warrant, vary the order) I usually say to leave it till you can tick both boxes, making most use of the form. And this is for people who have no other better option ... which I think you do.

CurlySue2017

Thankyou for clarifying, as I said, I'm not in the best head space just now so apologies for being all over the place

I understand that the best option would be the DRO but I am terrified of further enforcement action being taken before it goes through.

We were told to tick both boxes on the N245 when they are submitted.

What would you advise in regards to writing back to Restons? They acknowledged our letter but will not send any details unless it is hand signed and like I say, I'm not even sure that they are sure they have the right person at this stage.

fatbelly

It makes sense to sign the letter, Send it again, signed. All adds to the slowing down process.

DROs can be done quite quickly - you just need an intermediary who is going to get on with it and, if possible, current copies of the three credit reports.

Two friends had their first appointments on 4 June with CAB and both have now got their DROs

CurlySue2017

Ok we will write back with a signed letter.

Stepchange are already helping us with the DRO, we are just trying to put all the info together so may just go straight for that rather than trying to fund two N245 applications AND the DRO.

Thanks so much again for all your help!

CurlySue2017

So an update - not good news!

The N245 was submitted for both claims requesting a payment amount of £1 per month and the court have now responded by ordering payments of almost £200 each by the 12th August and every month thereafter......that's almost £400 per month from a budget that is already showing a defecit.

Devastated is not the word. He just cannot pay this money and I have no idea how to help him.

That feeling when you want to just go to sleep and not wake up..........

Can anyone please offer any advice on what we do now? We are desperate. Thanks.

sourcrates

CurlySue2017 wrote: »

So an update - not good news!

The N245 was submitted for both claims requesting a payment amount of £1 per month and the court have now responded by ordering payments of almost £200 each by the 12th August and every month thereafter......that's almost £400 per month from a budget that is already showing a defecit.

Devastated is not the word. He just cannot pay this money and I have no idea how to help him.

That feeling when you want to just go to sleep and not wake up..........

Can anyone please offer any advice on what we do now? We are desperate. Thanks.

Debt relief order will take all of this away.


As fatbelly said before, the N245 does not always have the desired effect, and was more of a stop gap measure, the best way forward for you both now is a DRO.


Have you actively been sizing up a DRO at all ???

CurlySue2017

sourcrates wrote: »

Debt relief order will take all of this away.

As fatbelly said before, the N245 does not always have the desired effect, and was more of a stop gap measure, the best way forward for you both now is a DRO.

Have you actively been sizing up a DRO at all ???

Yes, the DRO application will be sent either today or tomorrow, but we were told that the timescales can be long, so the N245 was to buy us some time to make token payments.....which it hasn't done.

The payment ordered by the court will have to be made before the DRO is accepted, so we don't know what to do in the meantime.

fatbelly

Payments are due by 12 August - that's 4 weeks away.

It doesn't really matter if you miss those payments. It's not a criminal offence. Just that they can then move ahead with ther intention to apply for an attachment to earnings. As things stand you have not breached an instalment order so you have been successful in delaying the aoe, which was the intention of the strategy.

You just need an intermediary now who will pull their fingers out and get on with the DRO applications. 4 weeks is plenty enough time but if it takes 6, no probs.

CurlySue2017

It is Stepchange that are doing the DRO for him, I have no idea what timescale they are running to though.

For now, we have telephoned the court for advice who have told us to e-mail them (not post a letter - is this right??) requesting a reconsideration - which should mean a hearing in which he can make his case.

Can you (or anyone) just give me an idea of how this process now works?

The ordered payments won't be made no matter what happens, it just isn't possible, so what happens then? How long will it take them to apply for an AOE or bailiffs when nothing is paid?

The reason we are so worried is that his employment is relatively new and if they start receiving requests to attach his earnings, they may well decide to let him go, which of course will just make things a million times worse.

I am sorry that I seem panicked......it is because I am! I know that everyone will say they have no real power and not to worry, but we can't help but be scared.