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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18744
Experience:  I have been practising for 30 years.
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Further to your previous texts regarding the questions I had

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Good afternoon, further to your previous texts regarding the questions I had relating to my partners court debt, a further development has occurred. At the beginning of May my partner received a letter from the county court noting that she did not reply to the small court claims proforma. As such she wrote to the Court Manager stating that having taken legal advice she had already initiated payments to her ex husband of £100/month by way of cheques sent to his address. She also sent proof of three payments she had made, however she has just received a further letter from the court enclosing stamped copies of the letter she had sent them with a letter noting that “Ig you are unable to pay your Judgement you can apply to pay by instalments using form N245” the court seems to have just ignored the fact that my partner is already paying off the debt. What would be your advice?
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 1 year ago.
Thanks, I’d be OK to wait if you can organise another solicitor to answer my question within a couple of days. Could you let me know if that’s likely? Thanks

I need to see what the initial letter from the court was.

Can you attach please?

Customer: replied 1 year ago.
Hi thanks for the response, I’ve attached all three correspondence letters received from court in date order.

The letter of 30 May tells you how to apply for time to pay a judgement. Court form N245.

There is a court order before that ordering your partner to pay GBP963 to Justin.

It appears that your partner didn’t turn up in court and that’s why he has default judgement against her. It appears also from the Claim Form that she had already been to court over a Specific Issue Order and the judge ordered her to pay those costs. That was outstanding since 26 November last year.

There is therefore no point in arguing that she doesn’t owe this because it was already ordered by a court.

She still needs to complete court form N245. She needs to send that with a covering letter because that form and the covering letter will get put in front of the county court judge.

She can say that she has already paid X on dates, and that the Claimant’s issue of proceedings on 30 March was premature and vexatious and that you believe that he should not be entitled to recover the court fee. I’m assuming that your partner had paid December January February and March payments and has continued to pay, in which case the balance should now be about GBP300.

Am I missing something here?

Can I clarify anything else for you?

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

Customer: replied 1 year ago.
Thanks, ***** ***** already paid £400 by way of £100 monthly instalments by cheque to Justin’s home address. Would it be OK to carry on this approach, she will indeed complete the N245 and send this to court with a covering letter as you’ve suggested.

Yes indeed, carry on.

If the money has been paid by cheque, sender copy of her bank statements.

I am glad to help. Please don’t forget to use the rating service because it means that I can continue to provide affordable and timely legal advice to people with similar problems.

Although it says "rate to finish" it doesn't close the thread and we can still exchange emails.

You may need to login again to use the rating service.

Kind regards

F E Smith, Advocate
Category: Law
Satisfied Customers: 18744
Experience: I have been practising for 30 years.
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