CCJ MBNA/Restons-Help needed please !!!

Angel2009

Hi

Myself and my partner have approx £37k of unsecured debt. We are currently on a DMP through Immediate Financial ( part of Money Expert) in the beginning most of our creditors were being fair and accepting a reduced payment. I know they won't do this forever as since we started the reduced payments in Sept./Oct 09 a few people are obviously wanting more money.

Now we owe to MBNA Approx the following
£3200 under partners name
£800 under my name
and a Virgin card £3200 under my name

Now for the debt of £2800 MBNA passed the debt to Restons now they rejected what we offered to pay them which was about £30.00 a month so a letter for the court asking us to admit to the debt which I have no problem with but would need to still pay by the instalments which we pay. we then offered via immediate financial £40.00 a month to which shock horror they refused !
Now the court in Northampton has sent me a CCJ saying that Restons do not accept the offer and that I have to pay £892 pm over the next three months !! we just cannot afford this as you can imagine.

In summary I will speak to Immediate financial but what happens next? if I dispute the amount they are asking us to pay and state that what they are asking to pay is unrealistic will they look at it again? from what I have read on other forums the CCJ is automatically sent out and no human calculation is involved? they are asking for the first instalment which is due on 16th of July

Because we have the other two debts with them they will go down the same path I would imagine. We cannot remortage our home as there is minimal equity in it.

Thanks for listening

Angel

fermi

Angel2009 wrote: »

if I dispute the amount they are asking us to pay and state that what they are asking to pay is unrealistic will they look at it again?

Yes they will.

You need to write to Northampton ASAP, asking for the amount to be 'redetermined'.

What that will do is transfer things to your local court, where a real judge can look at your circumstances and what is fair for you to pay.

Back with a letter to send to the court in a sec............

fermi

Send recorded delivery direct to the Northampton 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 <insert DMP provider>..

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

Angel2009

Thankyou so much for coming back to me so quickly

Angel