Court papers for a CCJ

GeorgeUK

Is Northampton court your local court?
Did you request that it be heard there?
Did you attend?

System

No its not my local court, i live in the north east. i wasnt advised on any court date. all i did was admit the debt and send in budgets etc. this is the 1st i have heard back. i cant pay this a monthm, its crazy.

I sent the original forms to Irwin mitchell but ive been advised that i shouldnt have and they shluld have went to the courts. im totally confused now.

fatbelly

wonderwoman83 wrote: »

Northampton court have decided that i have to pay £857 a month!! i dont even earn this much monthlya month!

I have 16 days to object but it doesnt tell me how on the letter! do i apply to the court in Northampton or where i live? over the phone or letter? it says i need a form but doesnt tell me what or how to get it! the letter has very little information on it.

Send a letter to Northampton County Court. This is now the stage where you get it transferred to your local court and get a hearing. If you want to post your financial statement, we'll make some comment. But you do only have 14 days (plus two I think) to make this application.

The Court Manager



CLAIM NUMBER: XXXXXX



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 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 (delete as applicable).

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

P.S. You admitted the debts at the first stage so were correct to send your response to the claimant's solicitor.

LandyAndy

wonderwoman83 wrote: »

Northampton court have decided that i have to pay £857 a month!! i dont even earn this much monthlya month!

How much do you owe?

How much do you earn per month?

System

the debt if for £8000,k they have added over £500 in fees. i earn £803 a month.

System

thanks for the great letter fatbelly, i will get it sent by special delivery tomorrow. do i need to still fill in a N245 form and attach it to this letter?

stanleybet

Hi Wonderwoman83.. i think natwest are on a roll at the moment cause i to received the same letter as you on saturday where the court are asking me for the whole amount i own forwith... which like yourself i cont pay hench why i went to the ccs 2 years ago .. i have spoken to C.A.B and they are going to ring me today so i will report back to you with what they have to say..

10past6

stanleybet wrote: »

the whole amount i own forwith...

A "Forthwith Judgment" gives the creditor the option to apply to the court by way of securing the debt i.e: a "Charging Order" on one's property.

A creditor can ONLY apply for a CO providing the original judgment was made a "Forthwith Judgment"

System

i have everything here to be sent to Northampton in the morning, its crazy that they would think we all have thousands just sitting in our banks.

stanleybet

I accepted the debt and sent in my budget from the cccs that was the 15th september then on saturday i received a letter from the court asking for the amount i owe forthwith. Am going to send a redetermindation letter plus my budget to the court (as advised by C.A.B) i have been paying natwest through cccs £171.44 amonth for my debt which is just under £10,000. C.A.B have told me cause my letter from the court says forthwith it mean that the natwest are going for a charging order.. i dont understand any of this. Do i send in the redetermindation letter? will the charging order be put on my house with out me being in court.. can they make me pay the full amount up front even though i cont pay it.. could someone please give me some advice