So scared ... CCJ and we can't pay

Scared_rabbit

Hello all

Im so scared at our situation I can't sleep or eat at them monent so any help and advice would be greatly appreciated.

We faced up to the fact that we had a problem with our debts just before Christmas, and went down the route of a DMP, all our creditors bar the RBS have agreed to our monthly payments and the majority have frozen interest which is great, but the only creditor who dragged their heels was the RBS (we owe them£23K) on the DMP we have offered and have indeed been making payments to them of £190, but then in June they put the matter in the hands of a soliitor (Irwin Mitchell), who claimed RBS would only accept tthe DMP if we would pay £400 per month, a fugre we simply cannot afford.

To cut a long story short, they have gone down the CCJ route, we sent the admission form of with details of our income and expenditure and offered payments of £210 per month, we have had papers from the Northampton court over the weekend stating that we have to pay back an amount of £1250 per month!! This is more than I earn gross in a month! I can't beleive that they could even look at our income and outgoings as they would clearly see that this amount was totally unrealistic. It is howver the balance we said we had in our current account at the time of completing the paperwork, ( atime on the month before all the bills go out).

I havent slept for two nights with worry, I know we can apply to vary the order which we are doing today and my husband is going to call the solicitors to see if we can negotiate a more realsitic amount fo repayment, the ironic thing is that when the loan was in place the monthly standing order was only £305 then!

I am scared the bailiffs are going to come knocking, I don't know the timescales on all these things, i expect we will have to go to court, but I am worried that the repayement amount will still be more than we can afford, I have read about a charging order that they can do, but we have no equity in the house at present, I dont know if this will have any standing on the issue.

I have reworked our monthly budget over the weekend and if we really really cut back on food and I try to walk to work a couple of days a week, we could afford to offer £240 per month but tbh this will be a real struggle.

Any advice would be so greatly appreciated, as I'm at my wits end I don't know how I am going to function at work today

Rabbit

thefoolonthehill

Hi Rabbit

who is your DMP with? have you spoken to them about it?

I am no expert on CCJ's so if I am wrong I apologise.

I would continue to pay the $210 per month. They cannot take what you havent got. I have no idea about charging orders however, there are quite a few threads on the subject so have a search on here

I am also think that if any bailifs do come to your house they have no legal right to take any of your possesions if you do not allow them into your house. Do not even open the door to them. Hopefully someone who knows more can come and give you some advice

rethink

I didn't want to read and run, the guys/gals here are amazing and I am sure someone can offer you some great advice. Please don't panic they can not take what you do not have, I hope your husband manages to get some good advice/help from your solicitor.

Big Hugs

A x

sunnymoneytree

If you haven't got it surely they can't take it. Big hugs , someone who knows what they're talking about will surely get back to you on here soon. Good luck, try to breathe, it sounds like you're doing everything right, and surely if it came to a CCJ the court would see that?

Miss-Moneypenny_7

I haven't any real experience of this but I have read a fair few threads about CCJs going through the Northampton centre. From what I have read it appears it is a bulk centre and a lot of people have problems with unrealistic payment amounts when this centre have been involved. I believe you can ask for it to be reassessed through another centre and have to do this within a certain amount of time.

I will try to find one of the threads I read this on for you.

try not to worry x

Miss-Moneypenny_7

hope this thread helps

http://forums.moneysavingexpert.com/showthread.html?t=1315375&highlight=northampton+ccj

also this helpsheet might be useful

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=08_reducing_payments_or_suspending_a_bailiffs_warrant_on_a_county_court_judgment

hope you get things sorted soon, but try not to worry - they can't take what you haven't got.

RAS

Hi

As this was processed by the bulk centre, you are entitled to a redetermination.

You should have been advised that you could get the case transferrred to your local court (which you need to do for the redetermination) and that if there were things like late charges, you could challenge the value of the debt.

You MUSt get the dredetermiantion request in before the first payment is due.

Do you own a house/ have a mortgage, as they will go for a charging order if you do not get this sorted quickly.

Copy their solictor into this as well.

Also speak to your MP as the Government owns most of the company and is paying bonuses to their staff for securitising debt (meanig the more charging orders they get the nearer their bonus they get).

Scared_rabbit

Thanks so much to all of you who have taken time to reply, yes the CCJ was processed via the bulk centre at Northampton, we are completing the redetermination request as we speak, I feel a bit better now, and as you rightly say, they cannot take what we havent got.

Rabbit xx

nikkim_3

ok dnt panic there may have been a clerical error the case is being redeternined be aware u can make various applications to have the judgement redetermined by the courts, keep paying through the dmc so that u can prove you are paying what you can afford. i used to work for irwin mitchell and rbs can be ruthless but the courts are always more in favour of the individual if u maintain payments whilst the matter is ongoing. good luck

nikkim_3

:beer:dnt worry there will not be any bailiffs attending the property etc, this would only happen if the creditor applied for a warrant of execution, if u got ur application to vary in to the court before the solicitors made an application for a charging order then they cannot do anything until the court redetermine the order.