The Bankrupt Inn (Part Three)

fermi

Here SSA: Suspending a warrant or reducing instalments on a county court judgment

You used to be ble to get a redetermination for free in some cases, but it looks like you have to apply for the order to be "varied" now which has a fee. :undecided

blind-as-a-bat_2

How mutch is it for, roughly?

If they know its unlikly you have goods to cover it it is unlikely they wil go for a warrent of siezure, and follow the charging order route instead, as you thought, in wich case they will be wasting time and money;):D

So_Sad_Angel

blind-as-a-bat wrote: »

How mutch is it for, roughly?

If they know its unlikly you have goods to cover it it is unlikely they wil go for a warrent of siezure, and follow the charging order route instead, as you thought, in wich case they will be wasting time and money;):D

£7404....a drop in the ocean really given the bigger picture !! No way I`ve got anything like that apart from the car ! (3k)

There is no equity in house...in fact estimate neg equity (after repo) c50-60K I would guess. Whats a warrent of siezure ? will that happen if I don`t respond to this letter?

It is from Bradford County Court.

Edit.....just read small print.....16 days to pay from postmark 16th April!!!

So_Sad_Angel

Drinks all round I think!! no money though!

blind-as-a-bat_2

a warrent of siezure is what they must get before they can send the bailiff's in, before they can get that the 'time' must expire for you to pay (i have a feeling it is 14 days, but may be wrong, would need to check) or apply for the order to be varied

fermi

Still seems to exist according to the CPRs.

Right of re-determination

Application means 'write to the court'.

Talk to the court and ask what needs to be done.

Right of re-determination

14.13

(1) Where –

(a) a court officer has determined the time and rate of payment under rule 14.11; or

(b) a judge has determined the time and rate of payment under rule 14.12 without a hearing, either party may apply for the decision to be re-determined by a judge.

(2) An application for re-determination must be made within 14 days after service of the determination on the applicant.

(3) Where an application for re-determination is made, the proceedings must be transferred to the defendant’s home court if –

(a) the only claim (apart from a claim for interest or costs) is for a specified amount of money;
(b) the defendant is an individual;
(c) the claim has not been transferred to another defendant’s home court under rule 13.4 (application to set aside(GL) or vary default judgment – procedure) or rule 26.2 (automatic transfer);
(d) the claim was not started in the defendant’s home court; and
(e) the claim was not started in a specialist list.

So_Sad_Angel

Thanks Bat, Rog2 & Fermi for your help....sorry for hyjacking the Inn this evening!!

I`m more informed now & was upset that I was going to get some baliff knocking on my door with court order!! I still have time to negotiate with them .

Angexx

fermi

So_Sad_Angel wrote: »

Thanks Bat, Rog2 & Fermi for your help....sorry for hyjacking the Inn this evening!

No probs.

Just one more post though....

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)/CAB/National Debtline.

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

So_Sad_Angel

The odd thing is Fermi that I have no income (only benefit) , no assets only the house that with the same lender NR!! ....I think they must think that there is equity in the house! Maybe they are pushing for a charging order.

But I shall be doing the re-determination route for now.

blind-as-a-bat_2

(2) An application for re-determination must be made within 14 days after service of the determination on the applicant.

Thats where i had seen the 14 days, thanks for saving me having to look fermi:D