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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience:  Over 5 years in practice
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i am unable to pay a court order made against me . I am willing

Customer Question

i am unable to pay a court order made against me . I am willing to pay a small monthly amount but cannot afford a large sum each month. what do i do as the time to pay explires today and I have only just recieved the order to pay from the court
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
When was the CCJ?
Customer: replied 2 years ago.

25th July 2014.

Expert:  Jo C. replied 2 years ago.
thank you.
How much was it for and how much can you pay?
Customer: replied 2 years ago.

£9,500.00. I also have Inland revenue debt of £15,000 which I pay £350.00 per month,this has been arranged directly with HMRC. I have a long standing dept for a loan which has £9,000.00 outstanding. Credit card high interest type due to my credit status which I pay the on average £100 per month. I do not own a home , I lost my interest in the house in 1992 when i was made bankrupt. The details when i inquired about the IVA included all these debts including the judgement of the 25th. My last tax return gave me an income of £16k in their opinion I should be able to cover all debts with one monthly payment of £250. I fell I could offer to pay a max £30 a month for the debt of the 25th

Expert:  Jo C. replied 2 years ago.
they are not likely to accept that I'm afraid there will not be interested in your other creditors.
Is it really the maximum you can afford?
Customer: replied 2 years ago.

im a self employed builder and my income is very limited. I struggle every month to pay the Inland revenue. I cannot to commit to more than I think i can afford as i would not want to default on any payment plan.

Expert:  Jo C. replied 2 years ago.
No, but the problem is that they just will not accept it if its too low.
You can make an application to vary the judgment to allow you to pay in instalments. That is simple enough and it would be considered.
Usually though, a court would be looking for roughly £100 a month for every £10,000.
If you genuinely cannot afford this then there is no point in making that offer as it would just lead to a default but you need to be in a position at court to satisfy the court that this is genuinely the sum you can afford and no more.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Do I wait to see what the claimants next move is ?

Expert:  Jo C. replied 2 years ago.
No, absolutely not. Make an application tomorrow before bailiffs are instructed.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

is that to the same court ? what should I ask for ?

Expert:  Jo C. replied 2 years ago.
Yes, back to the same court.
You can do this using the N244 forms.
Just a variation order.
Customer: replied 2 years ago.

Should that be Form N245 ?

Expert:  Jo C. replied 2 years ago.
Yes, sorry. The N244 form is the general form.

Although the N244 would do as well!

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