please help ccj want more money off me!

sparkledust_3

Hi i am new to these boards,i desperately need some urgent advice regarding my CCJ.I have had my CCJ for 12 months now,i have never missed a payment or been late,this morning i received a letter off the solicitors acting on behalf of the debt collecting agency which ordered our ccj (our original creditors went bust) saying that now a year has elapsed a review of the level of payments you are making is being undertaken and we enclose a financial questionnaire to enable our client to assess youre ability to pay.
if you fail to fully complete the enclosed statement in the requested time we will file an application with the court for an examination of youre means to be carried out under oath,therefore incurring more costs,if you do not attend,you will be issued with a suspended committal order.
I was under the impression once a ccj has been made you only pay the agreed amount and nothing more,can anyone please help,i really dont know what to do.
thanks x

AMBERSHADOW

Yes your right you do only pay that money that's why the court set the amount for you

doodledo_2

I must admit I don't know for definate but my understanding was you agreed an amount and as long as you paid that amount back on time then the repayment plan continued til the debt was settled.

Hopefully one of the peeps with more knowledge on this subject will be along soon.

fatbelly

They are threatening you with an Information Order. They get a mention in this ND factsheet. It may be that they suspect that (a) you could afford more (order for higher instalments); (b) you own property (Charging Order) or assets (Bailiffs); (c) you work (Attachment of Earnings Order) or (d) you have money stashed away somewhere (Third Party Debt Order)

From the ND factsheet:

'A creditor may ask you to go to a court for an interview about your income, outgoings and any assets you have, such as your house. This is called an 'information order'. This can happen at any time and not just when you miss a payment. The interview consists of a set of standard questions and you may be asked to bring things like your pay slips and credit agreements to the interview. It is very important that you go to the interview or tell the court if you cannot go. The court can actually send you to prison for not cooperating with the process so you must act if sent an interview date.'

If it happens (and it may not) I would suggest phoning National Debtline on 0808 808 4000, posting again on this site and (if you want) pm me.

I would not reply on their form but if you can justify your monthly payment and have nothing to hide I would consider sending them a SoA like the one we use on this site. SoA Calculator here.

CRANKY40

I was going to say that as long as you haven't had a massive wage rise then sending your SOA shouldn't do any harm. Do you have a copy of the original one that you sent for the CCJ? As gas and electric prices have doubled, council tax rates have risen and I for one haven't actually had a wage rise this year (yes I know I'm lucky to have a job, I'm not moaning, just stating a fact), then if I did a SOA compared to a year ago, I would actually be able to afford to pay less.

I can't remember if they have set amounts allowable for housing/utility costs though? It's been a long long time since I had to do my SOA for a CCJ, sorry.

sparkledust_3

many thanks for your'e replies,i think i know why they think we have more money!,we sold our house back in june to my husbands work of place they offered to help us out,as we could not get a new re-mortgage due to this awful credit crunch as we were relying on sub prime lenders it was either that or we were going to be repossed,so my husbands work bought our house we now rent it back off them but we managed to pay all our secured lending as we had to,which left us with £200 left for our solicitors fees!! so do you recomend we fill in their forms and with a copy off our solicitor of were all our money went from the sale of our home? thank you again everything makes sense now x

fatbelly

I'd still produce your own SoA. Obviously part of your expenditure will be 'rent', which answers their question about the house. You should also have somewhere 'savings = nil' which answers another one.

They'd then have to consider whether it was worth their while to pay for an information order to investigate further or whether just to continue to collect your monthly instalment.