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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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Should have written to court but suffered heart attack questions

Customer Question

Should have written to court but suffered heart attack questions about my payments to creditor
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.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
*****order in 2012 to pay £40 month

2 missed 7 payments over that time

3 claimant issued HCEO to collect monies

4 I got action suspended

5 court issued order for me to check caliamants claim

6 had heart attack and missed deadline date

7 have now checked and paid up arrears

8 applied to court to get writ setaside as court order in place at time

Expert:  Jo C. replied 2 years ago.
Ok. Thanks
What would you like to know about this please?
Customer: replied 2 years ago.

Do you think that the writ from HCEO will get setaside

Have written to court explaining situation and paid up those arrears what could a judge do in this situation

Expert:  Jo C. replied 2 years ago.
Sorry, am I missing the point?
You have paid in full?
What were there be to enforce?
Customer: replied 2 years ago.

Sorry not paid in full

Paid up the arrears in full indeed 1 payment in advance

Expert:  Jo C. replied 2 years ago.
OK.
Is this basically just a pending action?
They don't have a CCJ against you?
Customer: replied 2 years ago.

Yes they do issued in April 2012

Expert:  Jo C. replied 2 years ago.
Thanks.
There is no way of getting that set aside I'm afraid.
If you mean the warrant entitling the bailiffs to act then you can always try but it is not likely. I'm afraid you have to be realistic about these things. A court is not likely to set aside their order a second time.
A better way to cause delay would be to start paying as much as you can afford and keep paying. That will not remove their authority to act but it will mean that you go right down to the bottom of their list of priorities and so probably would not enforce.
You can also try to negotiate with the bailiffs. they may well agree it. It is vastly less labour intensive for them to make an agreement than to come and enforce.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

First time judge suspended writ

I am now trying to get setaside on grounds of the upgrade to high was not compatible with 30.5 of civil procedures ie cannot do that while N24 in place

what do you think

Expert:  Jo C. replied 2 years ago.
Yes, I imagine there were grounds that time.
In what way was it not compatible?
Customer: replied 2 years ago.

Already paying on court order since 2012, therefore they cannot go for hce if we are still paying on that order that is my argument here

Expert:  Jo C. replied 2 years ago.
That only applies if you are not in breach of the order. You seem to accept that you were.
Customer: replied 2 years ago.

OK maybe I shall tell court that have had a good track record for 2 years and now accepted that there were 5 missed instead of 7 payments and indeed 1 payment ahead now will keep it like that, Do you a judge would accept that

Expert:  Jo C. replied 2 years ago.
I am sorry but it is not likely that they would revoke the warrant on that basis.
Customer: replied 2 years ago.

OK Have written to court and said that now we are 3 payments ahead and will continue with N24 order from 2012 and hope for the best

Expert:  Jo C. replied 2 years ago.
Just keep paying.
They might suspend the warrant if the Court thinks you are paying.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Do you think an Affidavit {ie a statement of facts as I see Them} would help me here

Expert:  Jo C. replied 2 years ago.
Not really.
Whichever way you look at this, you have defaulted. The only way to convince the court you won't again is to start paying.