Hello my name is ***** ***** I will help you with this.
Was this as a result of a trial? Were costs summarily assessed please?
Do you own any assets?
We had a Civil Court hearing in the County Court before acting Judge Recorder Khan in Manchester we don't have a full assessment yet but an interim payment of £60,000 was due on 26/03/15, we have no resources to meet this order, the only asset we have is our house with an estimated value by an auction house of between £80,000 and £85,000 possibly £88,000 before auction costs of £2800. Our mortgage stands at £78,849 at present. We have no savings and are in receipt of Pension Credit.
We have applied to the appeal court for the right to appeal
Ok, you need to also ask the appeal Court to suspend that order.
If that appeal is refused then you can apply to have the original order varied to pay by installments.
On the basis it is a valid Court order and any appeal is refused then sadly you are liable for the sum.
But you can apply to have it varied into weekly, monthly amounts etc.
If you own assets then sadly you could be forced to sell though.
Of course that is the risk of litiigation.
But the appeal is your best option at the moment.
If you have a property but no equity the Court will not grant an order for sale - no point.
Can I clarify anything for you about this today please?
If we are refused the right to appeal to which court do we apply to get the original order varied?
Thank you for the information, our original question however is what steps will the claimant be liable to be taking now and what will be the chronology?
Yes if you are refused right to appeal you can apply to pay by instalments on the orignal order.
The Claimant can enforce NOW unless there is another order in force suspending the appeal
Does that help?
What we are trying to find out is what are the means of enforcing NOW?
We are obviously not making ourselves very clear to you, we know we are facing bailiffs etc what we don't know is the mechanisms the Claimant will have ti initiate, for instance can the county
Court send bailiffs without another court hearing and do we get notification that a bailiff has been appointed. Can the Claimant get possession of our house without instigating bankruptcy procedure in the High Court?
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