restons/ccj/redetermination

fly777

I am currently on a DMP with CCCS and after running for a few months all seemed fine, however restons on behalf of HFC have obtained a CCJ from Northampton and even though I disclosed all my details they have been granted £ 606.00 per month, £200.00 more than my DMP in total.I am applying for a redetermination as I cant afford the amount of the CCJ and as the first payment is due 5th Dec, I shall be in default straight away.
I am confused though as I had filled in all the details on my acknowlegment with my income and outgoings so how did the judge award £606.00 in the first place ?
CCCS are sending me a template letter and details of what I have to do and after speaking to my local county court it seems I have to give all my deatils again and pay £35.00 to have the case moved to my local court.
All of this has affected me badly, I thought I was finally getting on top of things and now I can't sleep for thinking I will lose everything.
If anyone has been through this, any advice would be very gratefully recieved.I have to say that it was this forum that gave me the courage to face up to my problems in the first place

penguin83

Hi there Fly - it would have been a court officer and not a judge who decided on the amount to pay in the first instance. The courts allowances on expenses are pretty tight which is where the high figure probably comes from - when was your judgment granted? You have 16 days from the date to object and there is no fee for this but if you are outside this time then you will have to make a formal application.

x x x

fermi

As said, if the amount was decided by the court staff without a hearing you shouldn't have to pay for the redetermination if it is within the time limits.

Confirm that with the court staff though.

This is the normal letter I think.

The Court Manager



CLAIM NUMBER:



To the Court Manager:

REDETERMINATION UNDER RULE 14.13 CPR

I apply for this matter to be reconsidered (redetermined under Rule 14.13 of the Civil Procedure Rules). Under rule 14.13 there is no court fee to make this application.

I am unable to pay the full Judgment forthwith/instalment as ordered on (insert date of order) and submit that this has been set an unrealistic amount.

I request the Court reconsiders the Judgment. To assist I enclose an up to date financial statement and list of other unsecured debts, which have been provided to me by the Consumer Credit Counselling Service (CCCS). For the Courts information the CCCS are an independent registered charity that assist people with consumer debt problems.

As you can see my budget shows I have £…. surplus/ £…. deficit after essential living costs and also have (insert number of creditors in total).

Given my circumstances and considering my finances as a whole I am able to offer £…. .monthly instalment and request the court set the Judgment at this amount.

Under rule 14.13 of the CPR it is clear that because the Judgement was granted without a hearing I am entitled to have this redetermined and if necessary transferred to my local county court. My application is also compliant with the time limit as it falls within the 14 days from the original order.

I look forward to hearing from you.

Yours faithfully,


Name

fly777

Thank you both ! I recieved the judgement on 6th November so I will be within the time limit ! as soon as the instructions arrive from CCCS ,I shall get it all in the post special delivery

fly777

Just an update on this, I applied for a redetermination and the case was transfered to my local court on 25th November 2008.I then recieved notiice on 14th January 2009 that an interim charging order had been granted.I spoke to the court to explain that I had not had a redetermination hearing and they informed me that they would combine my redetermination/ final charging order hearing at the same time.Following advice from CCCS and NDL, I have sent all the paperwork to both the court and Restons explaining my reasons for asking for a redetermination to set the payments on the CCJ at a more realistic level and my objections to the Final Charging Order based on the amount of creditors I have and the lack of equity in the property and the fact that ALL the creditors have agreed to the DMP and that I owe more to one creditor than to HFC/Restons.I am really nervous about the hearing, but I am going to give it my best shot and hope that the Judge is understanding.I will let you know the outcome.

laura2481

Good Luck!

RAS

Please get some independent advice from NDL. urgently as they should not be going for a charging order if you have been paying the amount set by the court (Mercantile v Ellis).

Have you been paying the amount set by the court or the standard amount on your DMP dsince the Northampton hearing?

They may be using the delay between the first hearing and determination to claim you have not kept to the court order.

10past6

fly777 wrote: »

I then recieved notiice on 14th January 2009 that an interim charging order had been granted

That happens by default, have you received notifaction from the Land Registry?

fly777 wrote: »

I am really nervous about the hearing, but I am going to give it my best shot and hope that the Judge is understanding

Is it a joint mortgage, or Mr & Mrs?

fly777

the judgment was set at £602.00 per month, the first due on 5th Dec 2008.I couldn't afford this so thats why I have gone for the redetermination.I have continued to make payments through my DMP with CCCS.Since the judgment the balance on the debt has also gone down due to the credit protection insurance being deducted, allthough having admitted the full amount on the original judgment I think this will be to my own loss.I have printed out all corespondence from the creditor,restons and the court and will take this with me to the hearing.
The mortgage is in my own name only and I have no dependants so I think the final charging order will be made though I do wonder if interest will be contined to be added as well as charges.This forum has been a lifeline to me and with the help of CCCS I am determined to get through this.

fly777

I forgot to mention that I have recieved notification from the land registry

RAS

Hi

Have you taken advice on this from NDl or one of the other debt charities?

I am not sure but you may be able to fght this on the basis that although you have technically not kept up with the CCJ, you asked for the redetermination before the due date and so Mercantile v Ellis applies.

You could pm one of the CCCS staff on here I think restons are playing fast and lose. also pm 10past6.