CCJ-Restons need help bad in a panic

bexxie90

Hi there

Cut a long story short received court papers from Northampton few weeks back-phoned Payplan who told me what to fill in and sent off to them

Today receive a CCJ (after determination) to say they want £198 a month on a debt of £3087 I currently pay £10 as on Maternity pay.

I am panicking now as we are barely managing on my Mat pay and OH's wages. I assumed that Payplan would have put forward our I&E form to the courts so the judge would know what we had spare to pay towards this debt.

Now I admitted what we owed as to be honest my baby was 3 days old when i got initial letter and my head was all in a spin,didnt think about CCA's etc etc

But my Q is (cant get hold of Payplan ) what the hell do I do?

This letter says Bailiffs will come round-if so what will they take? I have three childrena and owe my own home but it is in negative equity

Please help i am bricking it
x

bexxie90

anyone?

Am thinking if I send letter and SOA (payplans) surely the judge will re-consider Imean they cant force blood from a stone can they?

katsu

Hang on in there, someone who can help will be along soon, keep checking back.

Sorry I can't help.

Good luck

bexxie90

Thanks hun

fermi

You need to ask for the amount to be redetermined.

Send recorded delivery direct to the court ASAP with a copy of your SOA.

Make sure this arrives at the court within 14 days of the date of the order.

CCJ Redetermination under CPR rule 14.13

To the Court Manager



CLAIM NUMBER: XXXXXX

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 PayPlan.

As you can see my budget shows I have £…. surplus/ £…. deficitafter 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

bexxie90

Thank you have copied it now-so nice of you to take time to reply

One Q I have-how likely will it be for the judge to accept what I can pay? Or will-do you reckon demand the £198
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fermi

Hard to tell, but most of the time the initial decisions/amounts at Northampton Bulk Centre are made by court staff, rather than an actual judge. Bulk Centre = most do not go before a judge.

As such, they tend to just rubber stamp whatever the creditor is asking for. Wrong I know, but the system is just crap.

BUT.........................

If you send that letter then they should transfer the case to the local court, where an actual judge will take a look at it. And have a proper hearing if needed.

Once it has been sent to a local court and a real judge, then you are much more likely to get a fair amount set.

Obviously not 100% guaranteed, but much much more likely.

bexxie90

Thanks have now done and waiting for my friend to print it off for me
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DeBilde

This is another reason you never let Payplan, CCCS complete your court papers.

fermi

DeBilde wrote: »

This is another reason you never let Payplan, CCCS complete your court papers.

True.

However, a fair amount of blame has to be attached to Northampton CC Bulk Centre.

They are notorious for just ignoring any income expenditure supplied, and setting utterly daft and unrealistic repayment rates.