Judge's Possible Questions -redetermination hearing

Northstar68 · 4 February 2010 at 11:58AM

Hello there,

Please can anyone advise as to the sorts of questions we may be asked in a redetermination hearing which will last approx 10 minutes?
Just want to prep my husband so he is ready.

Basically he has a CCJ against him by MBNA/Restons.
The court ruled last August of the monthly payment he needs to make, all has been going well, he has been paying monthly but MBNA have now gone for a redetermination hearing presumably because they want more money.
We sent all our paperwork to our local court last week, budget/expenditure/details of our debt management plan we are on with the CCCS plus a covering letter outlining the events of the last 18 months with MBNA.

In a 10 minute hearing are there likely to be any questions the Judge could ask my husband? (our paperwork was very concise, clearly stated etc and it shows clearly that at this time we have no spare income to pay them more)

Many thanks for your time.
Warm Wishes.

Northstar68 · 4 February 2010 at 3:52PM

Just bumping me up a bit.

dancingfairy · 4 February 2010 at 3:53PM

Wish I could help but it sounds like you have it all covered to me. If you haven't got any more spare money then I'm not sure what MBNA/Restons hope to achieve.
Anyway - hope it all goes o.k for you.
df

Northstar68 · 4 February 2010 at 4:22PM

thank you dancingfairy! I think I have covered all bases but because we have had no documents through from them about why they went for the redetermination it made me wonder if they were going for the jugular another way........of which there is no other way unless they can make us sell our house to get the money! I heard that they cant do that for a fe reasons like he has been paying his monthly payment on time, we have children, our house is in joint names. So I'm really stumped.
Anyway, it's tomorrow so not long now, it's been a 4 month wait to see what they want, soon it will all be revealed!

DarkConvict · 4 February 2010 at 4:26PM

If you paperwork is in order, there is nothing more you can prepared for, but the unexpected. Questions the creditor raises that the judge may want an on the spot answer for, but most things ever asked will be in the paperwork you already have.

Northstar68 · 4 February 2010 at 4:41PM

Ok thanks DarkConvict, I have racked my brains but all our cards are on the table, the Judge has had our paperwork for a week now, they know everything about us apart from our shoe size

RAS · 4 February 2010 at 5:34PM

I would strongly advise that you send a PM to 10past6 who knows a lot about CCJs.

Northstar68 · 5 February 2010 at 1:35PM

Thank you, I will pm him.
We lost today at court, even though MBNA didnt turn up and the court commented on that he said he was sympathetic but had to rule 'judgement forthwith' even though he knows we dont have the money to pay within 14 days and he understood the history.

So now we wait to see what MBNA do next. I dont really know where on this forum now to post about our problem. The judge advised us to seek legal advice.
I suppose MBNA will now go for the charging order. The Judge actually looked at all our debts not just this one particular one, is he able to do that? He made the judgement based on all our debts, shouldnt he have just looked at this case on it's own.

We are so confused now as to what to do and how to fight this. I do worry that they will try to force us to sell but surely they cant do that straight away.....sorry thinking aloud and slightly stressed following the hearing this morning.

Many thanks for any help/advice about where to post about this problem so I can get ready for the next stage.

Northstar68 · 5 February 2010 at 4:09PM

bumping me up a bit.
if anyone can advise me where to post with my problem that will be great.
huge thanks as always.....getting myself worked up worrying now about what is going to happen.

DarkConvict · 5 February 2010 at 6:01PM

Im surprised you lost if the otherside did not attend the hearing.

thewad · 5 February 2010 at 7:15PM

Didn't think they could make you sell your house.
It's unsecured debt.
They charged you unsecured rates of interest not secured rates.
They can't have it both ways.
Or can they?
Think I read somewhere on here that they can go to court and stake a claim on your house but the judge will rule that you only have to pay up if you actually decide to sell it.
I think.

John

Judge's Possible Questions -redetermination hearing

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