CCJ Received - Are they having a laugh??

Reevesie76

We had a debt with GE Money which was sold to Link Financial (horrible people, no compassion or wish to help us at all).

They sent us court claims forms which we filled in and sent back with an income and expenditure showing a surplus of around £86 which we split between our 14 odd creditors, I thought that was the fairest way to do it.

Well yesterday got home to see that the court have issued the CCJ. Link have objected to our rate of pay and the court has decided that we should pay them £93.60 instead

Now im sorry but are they having a laugh, where on earth does the court expect us to find £93 when we only have £86 surplus to scrap together to pay our creditors (well on paper anyway as we haven't paid anyone since deciding on BR).

It has really annoyed me that the court obviously isn't bothering to look at our situation properly :mad:

I've got another court claim form to fill our from another of our creditors, so expect the same outcome, but hopefully by the time they get back to me we will have our BR number, roll on 9th February!

fermi

Often happens. :rolleyes:

If you feel the need to this close to BR, then you need to get in touch with the court ASAP to get a redetermination/variation of the amount.

Link: Replying to a county court claim form

• 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'. See reducing payments on court orders below.

Reevesie76

Thanks for that Fermi, I just don't see where the judge got that figure from, they can see that I don't have the means to pay it so what do they expect to accomplish from it.

I did think about not replying at all as it says first payment is to reach claimant by 8 Feb and our BR date is 9 Feb, but I was worried about the statement "goods may be removed or sold or other enforcement proceedings may be taken against you" and when they would put that into force.

tigerfeet2006

No, do reply to this and get it sorted, just incase anything happens and you can't petition on that day.

If you do petition on the 9th when you talk to the OR's office make sure you tell them about this and the other one you have so they can sort it urgently.

Reevesie76

tigerfeet2006 wrote: »

No, do reply to this and get it sorted, just incase anything happens and you can't petition on that day.

If you do petition on the 9th when you talk to the OR's office make sure you tell them about this and the other one you have so they can sort it urgently.

I did think it was better to respond that just ignore, its that head in the sand syndrom popping up again

We have our appointments booked, so fingers crossed all being well we will be able to petition on the 9th, I do hope so, I just want to be able to see the clearing through the woods.

fermi

Reevesie76 wrote: »

Thanks for that Fermi, I just don't see where the judge got that figure from, they can see that I don't have the means to pay it so what do they expect to accomplish from it.

Probably hasn't been near a judge to be honest.

Normally it will just be dealt with by the court staff. Many are good and take into account what you can pay, but a few just seem to rubber stamp what the creditor asks for. :rolleyes:

Plus, it has been known for the creditor not to pass on your response to the claim form to the court. Naughty, but it seems to be something that some do.

peachyprice

Reevesie, sorry I can't remember if you own your own home, but if you do you must do as Fermi suggests ASAP otherwise if you default they will go for a charging order, which although shouldn't be made final if you're BR doesn't always turn out that way and are a pain to get removed.

If you're renting they will send bailifs if you don't respond, who again, can be a pain to get off your back.

Reevesie76

Yes we do own our house peachy. Thats the one thing I am worried about, any of the creditors getting a charging order.

I've spoken to the court and they have advised me to write stating all the details and ask for a complete review of the situation.

I get 16 days from the date of the envelope, we received it yesterday and seeing as we are going away Saturday, thought i'd send it by special delivery on Friday, thats well within the 16 days and hopefully by the time they have faffed about with it, we will have our BR number, just hope they don't turn it around too quickly.

davetheman

Reevesie. when did yous top paying your creditors, I have stopped and got 28 calls yesterday, my court is not until March 3rd, so wondering what they are going to do, I have not answered any calls

tigerfeet2006

Dave I think Reevsie has not paid for quite a while. They will send you a letter if they are going to court. If any do before you petition then get back on here or ring National Debtline or both and someone will talk you through it.

davetheman

I was also thinking of asking for a copy of my CCA to delay things