quick N245 form question

ferry

Hi

Can the N245 form be used to stop High Court enforcement after a ccj has been granted at county court level? Assuming the ccj has progressed to High Court level


Thanks

sourcrates

Yes and No, you have to use N-245 in the county Court to apply for a set aside, but you may also have to use N-244 in the high court.

The process is slightly different in the High court, you apply for what is called a “stay of execution”, alongside the set aside.

Basically N-245 for the set aside, N-244 to stop the HCEO.

National Debtline provide guidance here :

https://www.nationaldebtline.org/EW/factsheets/Pages/highcourtenforcement/highcourtbailiffs.aspx

If you have a credit agreement that is regulated by the Consumer Credit Act 1974, your creditor has to make a claim against you in the County Court. They cannot apply to enforce the county court judgment in the High Court.

ferry

sourcrates wrote: »

Yes and No, you have to use N-245 in the county Court to apply for a set aside, but you may also have to use N-244 in the high court.

The process is slightly different in the High court, you apply for what is called a “stay of execution”, alongside the set aside.

Basically N-245 for the set aside, N-244 to stop the HCEO.

National Debtline provide guidance here :

https://www.nationaldebtline.org/EW/factsheets/Pages/highcourtenforcement/highcourtbailiffs.aspx

If you have a credit agreement that is regulated by the Consumer Credit Act 1974, your creditor has to make a claim against you in the County Court. They cannot apply to enforce the county court judgment in the High Court.

Thank you. Regrettably that I think is my issue. It's a CMC that's seems regulated by the SRA not CCA. Findmyclaims.com

They have already obtained a ccj And accepted my offer of payment in th county court but I think it's a ploy to progress this to the High Court for enforcement


Thank you

WhenIam64

I think it's a ploy to progress this to the High Court for enforcement

Please explain. County court can enforce not just HCEO. What is the amount of the CCJ?

And was the arrangement a Tomlin order?

ferry

WhenIam64 wrote: »

Please explain. County court can enforce not just HCEO. What is the amount of the CCJ?

And was the arrangement a Tomlin order?

To be honest I think they went ahead with the CCJ out of spite as the judge agreed to my £3 per month arrangement and the CMC agreed also but rejected this before court.
This is a small company and I was really surprised to see they accepted the court judgement on instalments

The amount is for £1900. No Tomlin order.


Once a ccj is obtained at county court level they can then apply to enforce through the High Court on the basis its not CCA claim.
I have not been informed of any enforcement yet but think it's on it's way.


Thanks

WhenIam64

Still sounds a bit vague to me but I'll put up a suggestion to see if we can narrow it down.

If you have a court agreed payment plan it trundles on until a) you breach it or b) they apply to have it varied. It may be they believe your circumstances have changed so you'll be doing another N245/means hearing.

https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx

Varying the payment is at the court’s discretion, so it does not have to agree to vary the payment. The court will decide if changing the payment is fair to both you and the creditor. The court will only vary the payments if you cannot afford the payments you have been asked to make

If you have perjured yourself about your income, or failed to meet payments then the arrangement might be cancelled and then escalated to the HCEOs.

If you miss a payment, or make it after the date set by the court, your creditor may take further action. This is called enforcement.

This could include asking the court to:

* send bailiffs to visit your home;
* tell your employer to deduct money from your wages;
* order your bank or someone who owes you money to pay the creditor; or
* order you to attend court to answer questions.

It still seems all a bit vague and if your creditor thinks you have not been fair to them, they do have the right to challenge the current arrangement.

ferry

My concern is this as it's technically not a claim from a creditor and does not fall into the CCA category


Quote : Your creditor may be able to transfer a CCJ to County court if the debt is not regulated under the 1974 CCA act.
I can't see anywhere where it states that I need to default on a payment first for this to happen. Taken from Natonal Debtline website(sorry cant seem to paste the whole quotation here)



Thanks for the ongoing help

WhenIam64

Some questions first

1. Was this a PPI claim?
2. Were you paid out?
3. If you were paid out did you pay the PPI search company the agreed 30% commission for the work?

There have been a number of reports about companies like FindMyClaims going to court for their fees in handling PPI claims. People who have had a PPI pay-out don't expect to pay a finder's fee - until they see the term in the contract they have agreed to. These finder fees are based on contract and not CCA. There is no real comeback to the fee as it is a clear term.

Are we getting close to understanding the issue?