And Another Low Hit........

nolongerindenial

Whast can I say, Its not like I wasnt expecting it - but a further low has been hit and I can honestly say I am in pieces right now not having even the simplest clue which way to turn.

I have spoken to CCCS who reccomend my best option is a IVA as I will be debt free in 5 years (When Im 31 - god that sounds scary!) over a DMP which means I will be debt free in 11 years (at 37).

Today I received a CCJ in default -I had replied but they state I havent - I now dont know what to do - im basically scared to *#!* of whats going to happen next - finding it very hard to put together a sentense and to not cry my eyes out about all of this..

My Dilemna.....

I work my socks off to try and pay my debts off, and earn a living - as a self employed web developer. I earn a reasonable amount and have a number of side projects which are starting to grow in revenue.

I do this with the goal of paying all my debts off and moving house in 3-4 years once I have saved a deposit (I am an ambitious Guy )

The one ting that is holding me back at the minute, and I can feel it inside me as a massive 10 ton weight around my neck is the debt. Now passing this onto the CCCS or a IVA through the CCCS would mean they would deal with it and all the calls would stop... but at the same time it would take away the motivation to work my !!!! off as no matter what additional money I earn I wont be able to treat my family without feel like a con man.

Im not talking about big expensive treats - im talking about little things like an ice cream or a trip to the cinema - basically we have to put our lives completely on hold for 5/11 years and struggle guaranteed.

In which case what is the point having ambition and determination. But if I dont go with this offer then creditors are going to hit me like a ton of bricks and probably try to repossess the house, which would leave us in a worse position financially as we have negative equity and the one creditor (our mortgage company) would end up CCJ'ing me

I dont know what to do. Ill be back soon to probably add a whole load more of whats going on in my head to this thread once I have my clients call finished

GeorgeUK

Did you go to court to defend the CCJ?

How long ago was this? I think you have 30 days to pay it off and you can have the CCJ removed from your file. Are you able to make a reduced F&F offer for this?

The CCJ will stay on your credit file for 6 years. If you need advice on the CCJ, i suggest you edit the first post and amend the title to something more fitting.

There may be a requirement on your to release some equity in your property if you do an IVA (some people have had to sell their home). I don't know much about these so get as much info about them as you can.

If you post up a statement of affairs, it may help to see if there are any areas where you can make savings or cut costs. https://www.makesenseofcards.com/soacalc.html

Have you looked to see if your debts are enforcable?
Have you tried reclaiming creditcard/loan charges (not part of the bank charge case)
Is there any Payment Protection insurance on the accounts? These may have been missold.

Hannah_10

I can't add anything to what George has said, he coverd the lot as far as I can see, but I just wanted you to know that no problem is beyond solvable and feeling like a fraud can only happen if you let it, decide to hold your head high and carry on and you will.

fermi

What has been ordered on the CCJ? Can you afford to pay what has been set?

When you returned the CCJ reply, did you send by recorded delivery with a copy to the court as well as the creditor? It is very common for creditors to pretend to the court that you have not replied, so getting a 'default' judgement.

fermi

If you cannot pay what has been ordered, 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

nolongerindenial

There are some really nice peoplre on this board - I really appreciate it and have just (re)read what I wrote yesterday which makes little sense to someone without all of the facts.

I will rewrite this post once I am back from the daily chores we need to do to keep family life ticking along, but I think you guys have managed to hit the nail on the head despite looking at it through muddy water...

nolongerindenial

Right, now im a lot calmer and am back to my matter of fact approach rather than wanting to shoot someone.....

I have a CCJ due to me not replying in default - despite me sending it to the claiming solicitors as per instructions on the form for a total of £17,141.18. As you can guess I dont have that sort of money lieing around (I wish I did to get everything paid off and save me a lot of stress)

I am posting off the letter from above today to see if I can get a payment schedule setup.

fermi

As said, make sure the letter goes to the COURT rather than the creditor or their solicitors.