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Asked for a redetermination hearing

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Hia can anybody help me please....Started to struggle financially just over 4 years ago on Mat leave and lower income and then hubbies ill health. Had several loans and overdraft and Natwest advised us to take out a loan for 17000 to consolidate our loans. Things went from bad to worse hubbies hours at work reduced and last oct we decided to take control started dmp with bainst and ernst[did'nt know about cccs then] and all our creditors were happy debt totalled 28000 by then. This year decided to transfer to cccs and then it all fell apart hubby made redundant and we missed 3 months payments. Sent letter explaining circumstancesto creditors. Hubby restarted work and we have restrted the dmp[£134] to all creditors [5] per month. Nat west sent a letter stating that they had passed stuff onto Irwin Mitchell solicitors and they were going to make a claim against us for total 22000 debt!!. Filled court claim and included i&e and list of creditors and hoped for the best. Recieved ccj last sat stating that I had to pay nearly £500 per month, money we just can't afford. Have sent a letter for re determination of this. Please note the claim was just in my name even though debt in joint names why do they do this??? Hubby has now recieved claim forms for the full debt too will we have to do all this again with his. I'm not in very good health anyway and this has made me a nervous reck. Haven't slept for 3 nights having nightmares about bailifts taking the kids stuff.......can anybody help me please. Why was the first judgement so unachievable??? will I be granted a re hearing??? can they send in the bailifts?? what can I do to prepare for hearing what are they like??? petrifiedxxxxxx:(:(:(

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  • fatbelly
    fatbelly Posts: 22,955 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    Hi

    Yes you'll get a hearing. You have a right to redetermination if the original judgement didn't happen at a hearing and you are applying within 14 days.

    The hearing will involve you, the judge (normal clothes!) and a rep for Nat West. It'll hinge on your figures so be clear about income, essential expenditure and what you can offer.

    It'll probably be listed for five minutes so don't prepare a speech! It's worth talking to the Nat West rep before you go in but bear in mind that he/she is not impartial, whereas the judge is - or should be.

    What the outcome is depends on the judge. Honestly it could go any way. My guess is that you are a homeowner and they are looking to enforce by a charging order, so probably no worry about bailiffs.
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