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Posted: Sat Feb 02, 2008 7:43 pm
by snowy
Does anybody know please?

A few days after receiving the court order allowing me to pay by instalments then I wrote to the court asking that the payments be reduced. Due to the time taken for the court to transfer the proceedings and then arrange a hearing, I couldn't make the full payment but paid what I could afford, does this count as a missed payment or does the fact that I was asking the court to reduce the instalemnts ordered buy me some time and protect me from further action until the court had decided and ordered further?

Any responses greatly appreciated

Posted: Sat Feb 02, 2008 7:46 pm
by J-DOUBLEYA
To reduce an installment order you need to either ask the court for a re-determination hearing - this only applies if you responded to the original claim . You have 14 days from the date the court wrote to you to advise of the order. Or,[:)] you complete a N245 !!

http://www.hmcourts-service.gov.uk/

Posted: Sat Feb 02, 2008 7:55 pm
by snowy
Yes I did that within 14 days but PP sent in the wrong I&E form which wouldn't help and subsequently the Judge refused to reduce payments. But in the meantime I was supposed to pay £150 by the 7th Jan, couldn't afford this but did pay what I could afford which was about £60, does this mean I have missed a payment or not being as I was asking the court to reduce payments? Hope I am making sense, as you say if this classed as a missed payment that I am in trouble!

Thanks

Posted: Sat Feb 02, 2008 7:57 pm
by J-DOUBLEYA
you need to submit a n245 NOW !! otherwise you are in default of Judgment and HFC can apply for an interim Charging Order without further reference to you !

Posted: Sat Feb 02, 2008 7:59 pm
by snowy
I will - will go the court on Monday and hand deliver form so I know it is there, amd rapidly losing faith in PP!!

Posted: Sat Feb 02, 2008 8:45 pm
by J-DOUBLEYA
you can always get advice - try CAB, CCCS or National Debtline. They can give you an opinion on all of your options and explain the actions/ consequences on each - you choose.

In the meantime do the variation !!

Posted: Sat Feb 02, 2008 8:47 pm
by snowy
I will thank you very much - anything I can do to stop losing my house i will do!