Ccj

Itsallgonepearshaped

:mad:Hi,

Just got a letter from Birmingham Crown Court with a CCJ saying I have to pay NatWest £5k+ forthwith despite my defence being I have no savings, all accounts overdrawn and a job which pays me enough to just about cover the bills and food but that's about it. I offered £28 per month which is more than I'm paying and of my other creditors and they've even rejected that. I also explained to NatWest that if they went down the CCJ route it would completely rule out me returning to work in the financial services industry (where I had been working before starting my own business which unfortunately failed) and where I would be able to earn enough to pay the debt off. Although they are within there rights to go down this route, given the circumstances I think they're being malicious as they've basically ended all hope I had of trying to pay off my debts which is very annoying and frustrating. I don't know what to do now - I can't pay, I've already told them I can't pay and they've now taken away any chance I had of being able to pay in the future - I'm f***g so annoyed !!!

kindofagilr

I had four CCJ's and I didnt have to pay the full amount in one go?

I was on a CCCS plan, and these CCJs were being given to me while I was setting up the CCCS plan.

We had to pay Baliff costs etc but they didnt pursue the debt anymore and they took the payments that the CCCS offered them

I am sorry I cant be more help, there will be someone along who knows about CCJs who will be able to help.

sammy115

the problem with the defence of 'I have no money' is it isn't really a defence of owing the money its more of a defence as to why you can't pay.

When you offered the £28 per month, which they rejected, did you pay it anyway or not. If not then they are taking you to court to ensure that they do get their money. If you did and they still took you to court then the court is hardly likely to make you pay more if you can prove that is really only how much you can pay.

There is no way round this really unless you can pay it unfortunately.

Itsallgonepearshaped

Thanks folks. It's just very frustrating when they've been very short sighted and basically taken away the only hope I had of being able to pay by getting back to work. This is one of my smaller debts so it makes the bankruptcy option almost inevitable now - something I've been considering but trying to avoid for about 9 months ...

naijapower

I have got no money' isnt really an acceptable defence.
While we sympathise with your situation, you really have to offer them something; some kind of installments

Itsallgonepearshaped

naijapower wrote: »

I have got no money' isnt really an acceptable defence.
While we sympathise with your situation, you really have to offer them something; some kind of installments

I did offer them £28 per month but they rejected that and want the whole lot now which obviously I can't do - that's why it's annoying - I offered them as much as I could afford after consultation with the CCCS and sent them a financial statment backing it up but they've chosen to ignore it for some reason ...

rigger_john

Did you attend the court?

Itsallgonepearshaped

rigger_john wrote: »

Did you attend the court?

Nope - it's 200 miles away. Just spotted that I can appeal and get it brought back to a local court so I'm going to have a go at that and see what happens ...

fatbelly

From National Debtline's

Factsheet | Reducing payments or suspending a Bailiff's Warrant on a County Court Judgment

If you do not agree with the amount the court orders you to pay you can ask for a hearing to explain your offer to the district judge. You need to use a general application form called an N244 which is available from your local county court and ask for the court to reconsider the offer you have made. There should not be another fee to pay at this stage. You must do this within 14 days of receiving the order to pay. You should go along to the hearing taking a copy of your personal budget with you.

sammy115

Itsallgonepearshaped wrote: »

I did offer them £28 per month but they rejected that

BUT did you pay the £28 per month. Even if they reject it you should pay them the offered amount. Start paying it now...it will help your appeal.

Just to warn you my SIL appealed hers and lost..

Itsallgonepearshaped

sammy115 wrote: »

BUT did you pay the £28 per month. Even if they reject it you should pay them the offered amount. Start paying it now...it will help your appeal.

Just to warn you my SIL appealed hers and lost..

I didn't pay it as I ws waiting to her back from them. If it'll help I'll set up a standing order today to pay it and see what happens. Thanks for the advice ...