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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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A court order of £4,400 was made against me in May 2014, which

Customer Question

A court order of £4,400 was made against me in May 2014,
which I have not yet paid.
The claimant is now threatening possible enforcement, possibly
via bailiffs. But they only have a mailing address , and
not my residential address.
What action can I take to pre-empt any possible threats? I can
complete a form N245 and offer £300 per month.
Any other options?
Submitted: 1 year ago.
Category: Law
Expert:  Kasare replied 1 year ago.
, thanks question, I will assist you with this.
Can you just confirm the Court found in favour of the Claimant and gave a Judgment against you sum?
Have you had made any offers to pay them in writing previously?
Customer: replied 1 year ago.

Yes, the Court found in favour of the Claimant, and gave a Judgment/Order against me for £4,400.

They have recently requested a possible Tomlin Order, insisting that I pay £400 pm, and to pay £5,000 (inc. their fees, etc). I have said the most I can currently afford is £300 pm, and have not heard back.

Customer: replied 1 year ago.

Yes, the Court found in favour of the Claimant, and gave a Judgment/Order against me for £4,400.


They have recently requested a possible Tomlin Order, insisting that I pay £400 pm, and to pay £5,000 in total (inc. their fees, etc). I have said the most I can currently afford is £300 pm, and have not heard back.

Customer: replied 1 year ago.

Are you there?

Customer: replied 1 year ago.
Relist: Incomplete answer.
No further response from solicitor, after her first question.
Expert:  Kasare replied 1 year ago.
Sorry, I had to pop out and grab lunch - are we all working professionals here so do not just sit and wait when a client is marked "offline"! Would you like me to continue?
Customer: replied 1 year ago.

OK, no problem.

Please continue.

Expert:  Kasare replied 1 year ago.
Thanks.
Ok so the Judgment was for £4,400 - normally as a Judgment it includes their costs - do you have a copy of the Judgement? does it say "costs to be assessed if not agreed"?
And you have offered to pay the sum of £300 but they want £100 more which you say you cannot afford. When did you make this offer and have you paid anything at all? Are you certain that you can pay £300 on a monthly basis without issue? Have you gone through all your finances?
Sorry questions, but once I have all the relevant information I can then advise you appropriately.
thanks
Customer: replied 1 year ago.

No, I do not recall those words cited on the Judgment.

I made the offer of £300 pm early last week. Not yet paid anything.

As I am self-employed, my income fluctuates, so there's no guarantee that I can keep paying £300 pm. At this stage, I want to stop them taking any further action at all - bailiffs, freezing bank account, etc.

On a form N245, I can offer less.

Do they have a time limit possible enforcement?

My main aim is to stop any further action.

Expert:  Kasare replied 1 year ago.
, ok you really need to review the Judgment so that you know whether the total sum owed is £4400 or £5000.
I appreciate the difficulty you have in making an offer given your fluctuating income and as you have said there is no guarantee you can pay £300 on a regular basis. The problem is, if you offer an amount, which they accept, you would then be in breach of the agreement if you don't pay that amount on time.
You have offered one sum, they have requested more. You can complete the N245 and the Court will then decide what you can reasonably afford to pay. However you will need to pay the Court fee to submit this form. That is £50.
If you send this document to the Court, I would advise you also send a copy of this to the Claimant so that they are aware. If they then attempt to commence enforcement proceedings the Court will not allow that to proceed pending your application.
You must be completely honest in the form with your income and outgoings - as much as possible.
Re time limit proceedings, they can do this at any time if you are not communicating with them or after a reasonable period whereby you are unable to reach an agreement.
I hope this helps. If you need to know anything further, please ask

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