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application to vary an order, whats the paperwork i need to serve it on

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  • application to vary an order, whats the paperwork i need to serve it on

    Hi

    i need to reuest he court vary an order as part of my trustees actions. what paperwork do i need to serve it on.

    details, i had a section 303 claim in bankruptcy ( trustees costs ) suspended last year while the estate gets sorted out. Because of the extreem cost in my case the trustee does not want to make it easy to get to the cost hearing.

    I wish to buy the trustee out at his minimum interest, and at high court last week, i was told to apply to the lower court to vary the order. does anyone know what paperwok i use.
    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even
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  • #2
    Re: application to vary an order, whats the paperwork i need to serve it on

    I am bumping this thread so that someone with the answer can help you.

    Comment


    • #3
      Re: application to vary an order, whats the paperwork i need to serve it on

      thanks i really could do with some advice on this.

      my trustees are PWC and what they have done is criminal, if i get help, i will explain my fight with them, hopefully it will help anyone else in the same position.
      crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

      Comment


      • #4
        Re: application to vary an order, whats the paperwork i need to serve it on

        I am bumping again, weekends are always more difficult and it is holiday time. Hopefully someone will be along soon.

        Comment


        • #5
          Re: application to vary an order, whats the paperwork i need to serve it on

          and bumping again

          Comment


          • #6
            Re: application to vary an order, whats the paperwork i need to serve it on

            Are you in England, Wales or Scotland ?

            Comment


            • #7
              Re: application to vary an order, whats the paperwork i need to serve it on

              england
              crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

              Comment


              • #8
                Re: application to vary an order, whats the paperwork i need to serve it on

                Hi

                N245 is the form used to make application for a variation order.available to download on HMCT website, it is quite straight forward to complete but I would suggest you outline your reasons to the application in full on separate sheets of paper and attach to it.

                Pepsie

                Comment


                • #9
                  Re: application to vary an order, whats the paperwork i need to serve it on

                  Originally posted by pepsie View Post
                  Hi

                  N245 is the form used to make application for a variation order.available to download on HMCT website, it is quite straight forward to complete but I would suggest you outline your reasons to the application in full on separate sheets of paper and attach to it.

                  Pepsie
                  Hi,

                  the order i am trying to vary is part of my bankrupty, the trustee evicted me from my house while a large insurance claim was going on, that was over 18 months ago. i had a section 303 claim in for his costs and he got that suspended until the insurance is completed and its supposed to start then, but i wish to buy the trustee out of his beneficial interest in my house, and he is being impossible to deal with, he nearly shafted the insurance claim up, and it now turned out he is partly ;liable.

                  , i appealed the order at high court and it was reffused, as there was no fault in law, but the judghe said that most of what i needed to do should be done by an application to vary.

                  would the above be the right form to request this siort of variation. ie, i wish the order to be varied to make the trustee declare his beneficial interest, in light of recent insurance changes. If you need any more info let me know.
                  crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                  Comment


                  • #10
                    Re: application to vary an order, whats the paperwork i need to serve it on

                    CPR 19-19f seems to cover what you outline, other than pointing you to that I cannot find anything else other than a form N245 that relates to varying any order.

                    Pepsie

                    Comment


                    • #11
                      Re: application to vary an order, whats the paperwork i need to serve it on

                      hi

                      i have been reading through the regs and think what i need isa a general application n44 and ask them to vary on that, i may consider a secondary claim under section 303 ( insolvency act ) as what i am trying to do has no relation to the first section 303 application thats suspended. I will post up the orders tomorrow see if anyone suggest any different when the see the orders,
                      crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                      Comment


                      • #12
                        Re: application to vary an order, whats the paperwork i need to serve it on

                        that sounds like a good idea and you could always phone the courts they are normally very helpful and may concur with the form that you are intending to use is correct.

                        Good luck

                        Comment

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