Hello again. Slighty worried and in need advice......again

RAS

debtman

Basically, you can admit the case, knowing that it will mean a CCJ and a good chance the creditor will go for a CO in time.

Or you can defend the claim because the Default letter and termination letter do not comply with the legal requirements. That scuppers the creditors chance of ever getting a CCJ or CO against you.

It is a bit like CCAs, becuase if that was faulty you could defend the case as well.

It is your choice.

If you want to defend the case, 10past6 can tutor you so you know the legal elements that you need to present to the court. There is a chance that the creditor will not turn up. Remember as a Litigant in Person you can take someone you know to support you in court.

debtman2007

Ok so finally got hold of CCCS support team today.
The process as I understand it will be:-
I admit the claim and send income/expenditure to solicitors.
If they reject my offer (very likely) it’s then passed to the Northampton court office. Here I will probably have to pay a higher repayment or the balance in full. It’s at this stage I can ask for a redetermination at my local court. Then I present my financial situation directly to the judge.
Is it unlikely that the solicitors would show for a redetermination?

OR….. I can refute the claim.

debtman2007

Also if i defend the case and lost what would happen then? am i liable for further costs??

debtman2007

and another one..... can they only go for a CO if i have defaulted on the redetermined CCJ??

debtman2007

"And "going to court" is OK. Three people in a room in your local court, IF Restons can be bothered to send anyone. Good chance that they will assume that you are too scared to go to court and expect to win by default.

So you may not even have to explain anything."

just noticed this - does this mean if they dont turn up then i automatically win?

debtman2007

If i lose then what happens then. Does the judge make a decision with no redetermination?

debtman2007

shameless bump in case anyone is around to help. must make my mind up tonight.

RAS

debtmnan lots of questions but, based on what we have seen here...

If the case goes to Northampton it does not go in front of the judge and the paper-pushers will set a really high monthly payment. You may be able to pay that by cancelling all you other payments to creditor, or not.

Whatever happens it is essential that you pay the whole amount of the CCJ every month, even though you are asking for a redetermination. Otherwise, the first month you miss paying on time, the creditor will go for a forthwith judgement and interim charging order.

If you get the monthly amount reduced on redetermination, then you can reduce your payment and re-instate (probably reduced) payments to the other creditors. That will not stop the creditor going for a charging order.

You may be able to halt the forthwith judgement using Mercantile v Ellis but we had someone on here recently whose judge refused to allow them to submit the case in their defence (basically).

They can proceed against the judge but because they have admitted the claim, they have very very little chance of stopping a charging order.

To put in very bluntly:

Right now, you have the creditor over a barrel - even if they do not know it.
If you admit the claim, the creditor has you over a barrel.

RAS

Some other threads

http://forums.moneysavingexpert.com/showthread.html?t=2045109

http://forums.moneysavingexpert.com/showthread.html?t=1961211

http://forums.moneysavingexpert.com/showthread.html?t=1463889 (won)

debtman2007

So even if the initial payments are set very high(a lot higher than my £26 a month) I would still have to pay that (even if I’ve asked for a redetermination), up until the time of the redetermination.

i thought you had to default before a charging order was granted.