Here is the document Judgement for Claimant, where the claimant has objected to the rate of payment offered. (click on image to enlarge) So as a result of this Court has ruled that the full amount is to be paid forthwith. Although in this particular case it has not gone in the defendant’s favour, it is still possible for the defendant (you) to apply to the courts for an Application for Variation of an Order.
What is an Application for Variation of an Order N245
An Application for Variation of an Order Court From N245 is a legal request in the UK courts to change or replace an existing court order. The application is made by the person who is subject to the order (the applicant) and must be supported by evidence that persuades the court that a change is necessary and appropriate. The court will consider the application and decide whether to grant the variation or not.
What Evidence Should I Include with an Application for Variation of an Order
When completing an Application for Variation of an Order, you really want to include as much information as possible that helps to show why you are not able to pay the full amount.
Income and Expenditure – Top of the list should be a an in depth income and expenditure. You will find a copy of that in this post Income and Expenditure. Even though the Application for Variation of an Order, including a spreadsheet of your income and expenditure (I&E) has been proven to be helpful. It can also be a lot easier to complete and I&E as this will do a lot of the calculations for you. Once completed, you can then copy the figures onto the Application for Variation of an Order. The sections such as, Birth Presents, Christmas Presents and Holidays etc, should be ZERO. If you can not pay your debts, you certainly will not be able to spend money on those items!! So complete is honestly and the spreadsheet will calculate how much you can afford to pay creditors on a pro-rata split. Also you may be interested in this document What Expenses Can I Claim for If Going Bankrupt, but remember that is for bankruptcy, so research further for up-to-date information
Medical Evidence – If you have any medical evidence, then do not be afraid to include that with your Application for Variation of an Order. You may well have a valid reason, why you are not able to work full time or part time.
Any Other Evidence – Anything else that you think may help in order to convince that judge that you should pay a much lower monthly payments, rather than the amount stated on the Judgment for the Claimant document issued by the courts.
Show the courts how bad your financial situation is, if you can only afford X amount, then your evidence will prove that.
Application for Variation of an Order
You can view the court document here: Application for Variation of an Order (N245) Sometimes court documents do change, so it may also be worth contacting the courts to see if the Application for Variation of an Order has changed. Alternatively you should be able to search their website for the document.