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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 29202
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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What does suspension of the warrant or reduction in the

Customer Question

What does suspension of the warrant or reduction in the instalment order mean on a N245 form?
Submitted: 15 days ago.
Category: Law
Expert:  Joshua replied 15 days ago.

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?

Customer: replied 15 days ago.
I have received an order to pay. I had a hearing that was adjourned and they asked me to film out this form.
Customer: replied 15 days ago.
Also I live in my parents property that they have just purchased and I don’t pay rent. It doesn’t give an option for that so what should I tick?
Expert:  Joshua replied 15 days ago.

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?

Customer: replied 15 days ago.
I purchased a vehicle but due to Covid etc I couldn’t afford to pay the monthly payments. With what I paid back and I found a buyer for the vehicle as it was commercial they had received the total amount back I borrowed but the remaining about was interest. However, the judge said that I signed the paperwork so I accept that I owe the money. It is a total of just over £35k so I do not have that money
Expert:  Joshua replied 15 days ago.

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

Customer: replied 15 days ago.
Neither of these circumstances apply. I did make an offer to the claimant previously which they rejected but it is the same offer.
Customer: replied 15 days ago.
shall I just leave blank?
Expert:  Joshua replied 15 days ago.

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.

Customer: replied 15 days ago.
The claimants took it to court. I have had the first hearing and the judge asked me to fill out an N56 form and apparently has got it wrong and I need to do the N245. The claimant wouldn’t accept the offer I originally put in but I can’t afford to pay more and I have no assets etc and in a bad financial situation due to Covid etc. They haven’t mentioned about bailiffs though or anything about seizing goods
Expert:  Joshua replied 15 days ago.

So the claimant has sought to enforce the judgement? Is that correct?

Customer: replied 15 days ago.
Customer: replied 15 days ago.
They went to court to recover their monies owing. I put two offers in which the rejected
Expert:  Joshua replied 15 days ago.

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?

Customer: replied 15 days ago.
They want to recover the remaining balance of the debt owed. It is approximately £35k that is outstanding. I do not have ownership of the item anymore but they want the remaining money paid back.
Expert:  Joshua replied 15 days ago.

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.

Customer: replied 15 days ago.
Suspended until when?
Expert:  Joshua replied 15 days ago.

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

Customer: replied 15 days ago.
Oh I see. Okay I will tick that box. What do I say with regards ***** ***** living arrangements? Will they ask further about this as I don’t rent or own the property as I live in my parents property and do not pay rent
Expert:  Joshua replied 14 days ago.

You can put N/A and handwrite Living with parents

Customer: replied 14 days ago.
Sorry, I don’t live with them, I live in one of their properties they have just purchased
Expert:  Joshua replied 14 days ago.

Sorry for the misunderstanding. In that case you can write living in family home

Customer: replied 14 days ago.
Oh okay Thankyou so much
Customer: replied 14 days ago.
I have ticked suspension of the warrant and will add on the form about the family home.
Expert:  Joshua replied 14 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me

Customer: replied 14 days ago.
Okay Thankyou
Expert:  Joshua replied 14 days ago.

All the best