CCJ - Can they decide what they want?

chipbeck

Had a CCJ against me which was heard about 200 miles from my house. Didn't attend but sent in all my Income Expenditure stuff.
They are after about 6k and I was offering £27 a month in line with what I could afford at the moment. Their solicitors asked for current details which I sent. They have now told me I need to pay £120 a month, simple fact is I can't afford to pay this without not paying someone else. Anyone give me any advice please?

fermi

Link: Factsheet | Replying to a county court claim form

Depending on how the order has been made you can use one of these two options:

• If you cannot afford what the court has decided you should pay, you can apply to the court to look at your offer again. This is called a 're-determination'. There is no fee for this. You must do this within 14 days of getting the order. You can do this by simply writing a letter to the county court. Quote your case number. Attach your personal budget sheet and explain why you disagree with the order the court has made.
• The re-determination will be done by a district judge. Where an order was made by the court staff, the district judge can decide to have a hearing or make a decision by looking at the papers. You can ask for a hearing when you write to the court and ask them to look at your case again.
• If a district judge made the original order without a hearing then the re-determination of your offer must be decided at a hearing.
• If there is a hearing, the case will automatically be transferred to your local county court so you can attend. The court will give you a hearing date. You must go to the hearing which should be in the district judge's rooms (in private). Take a copy of your personal budget sheet.

WARNING

If a district judge made the first order on how much you should pay at a hearing you cannot apply for a re-determination but must apply for the monthly payments to be reduced or 'varied'.

Or:

REDUCING PAYMENTS ON COURT ORDERS

The monthly payments you have been ordered to make can be reduced if your circumstances change or if you can't afford them. You can apply for a reduction using form N245 which you can get from the local county court office. There is a fee to pay.

FACT SHEET

We have a fact sheet on 'Reducing payments or suspending a bailiff's warrant on a county court judgement' which may be of assistance to you if you want to reduce the instalments you are paying to the court.

chipbeck

Thanks for the reply. My problem would appear to be that the figure has been determined post court case by the solicitors involved.

THE_LONE_RANGER_4

fill out the forms say what you can afford and send in all the documents, the court decide what you pay not the solicitors or the creditors.