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Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.
May I confirm if you are a judgement debtor (i.e. I have received an order to pay a creditor following a court judgement) please or if you have an order against another party?
Thank you. So this is the form you would filling if you do not deny the debt, but wanted to apply to the court for an order that you may pay in instalments. Is that what you are seeking to do in this case?
thank you. The important thing to be aware of is that in applying to pay by instalments, you will still end up with a CCJ against your name and credit file. It simply gives you the option to pay by instalments assuming the judge orders as much which will be subject to interest of the claimant claimed interest on the original judgement. if they do, interest may be as high as 8% per annum and therefore neither of these facts you may wish to consider if this is the best approach and whether potentially obtaining funding elsewhere that is possible at a lower interest rate may be more beneficial to you.
Subject as above, in regards ***** ***** original question, a suspension of a warrant would be in relation to where a claimant has already applied for a warrant for bailiffs or High Court enforcement officers to attend to seize goods. If they have, the above form both allows you to apply to pay by instalments but also to suspend any warrant for enforcement of the original judgement against you.
A reduction in the instalment order would be relevant where you have already made a prior application to pay by instalments and want to apply back to court to reduce the monthly payment that has previously been ordered.
It may be that only one or indeed neither of these circumstances apply. You can still use the form regardless
Thanks. If the claimant has not made an application to enforce the judgment yet generally you would seek to negotiate an instalment option directly with them without the involvement of the court as unless and until the claimant seeks to enforce you would not typically involve the courts. You can consider unilaterally commencing instalment payments to the claimant. If and when the claimant decides to take enforcement action against you you would need to consider completing the above form to apply to the court for an order for instalments. Unless an until the claimant seeks to enforce the order, I cannot see that there is a benefit to making the above application.
So the claimant has sought to enforce the judgement? Is that correct?
Can you kindly clarify what you mean by "recover their monies". Is this referring to the original judgement they obtained against you was this a subequent application to enforce the order they previously obtained against you?
So they have applied for a warrant to enforce the debt from what you say? If so then you can tick the box to ask that the warrant application is suspended.
Suspended indefinitely providing you subsequently stick to whatever instalment provisions are ordered by the court. The position would be that if you miss instalment payments, the claimant can return to court and ask for enforcement action to be reinstated
You can put N/A and handwrite Living with parents
Sorry for the misunderstanding. In that case you can write living in family home
I hope the above is of some assistance but if you have any further questions, please revert to me
All the best