CCJ while on DMP

SILLY_SARAH

Please help - I'm very worried.

I have been on dmp since September but now have a ccj against me from mbna. Through my dmp I pay them £90 pm but the court has ruled I need to pay £360pm. I filled the court forms in with the budget etc used with cccs so how have the courts decided on such a high amount?

What can I do??

Any help or advice appreciated.

Thanks

fermi

What date was the CCJ granted on?

SILLY_SARAH

This week - 16 June

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

SILLY_SARAH

Thank you. Will get it sent Monday & also phone cccs.