Incasso asked for a redetermination

jackmark

Hi I was wondering if anyone could help. Incasso have recently applied for a ccj because they were wanting me to pay $600 per month. The court decided that I only had to pay $122 per month(which I am happy with). I have recieved today a letter from Northampton saying that the the claiment has applied for a redetermination and it will be heard at my local court.
I am really worried now....
1..why have they done this?
2..will I have to go to court?
3...are they possibly trying to get a charging order?

I'm just really confused now because I thought that once the judgement was made I would just have to pay that.

Thankyou in advance for any advice.x

nottoolate

1. they want more money or a charging order
2. possibly. not a big deal really
3. possibly

either side can ask for a ccj to be varied.

but the court decides it based on your i&e

DarkConvict

Basically a CCJ was award for £112 based on your income. The creditor has had the CCJ for a while and you have been paying.

The creditor now thinks you should be able to afford more given the length of time since the CCJ was awarded, and is seeking that the CCJ is increased to £600 a month.

Yes, you should defend it and goto your local court armed with a statement of affairs (SOA / Income/Outgoing sheet) to prove what is the most that you can afford. If you do not defend it you will likely lose by default.

If they are after a CO i believe it would clearly state this, although this hearing maybe the first step.

jackmark

Hi Thanks for your replies
The ccj for $122 was only awarded on 10th June so that is why Im confused about what they are trying to do

DarkConvict

In that case, i do not know it does sound very strange. If they wanted a charging order they should have taken a forewidth judgement for the CCJ.

nottoolate

jackmark wrote: »

Hi Thanks for your replies
The ccj for $122 was only awarded on 10th June so that is why Im confused about what they are trying to do

they obviously aren't happy with what the court ordered you to pay, and think you can afford more.

if they think that then it makes sense to do this sooner rather than later

Tixy

Presumaly there was no hearing last time? in which case for some reason they want a hearing rather than just a judge looking through the paperwork.

You need to go to the court case and I would take not only your SoA but also anything that might be useful to back it up (probably won't be needed but I'd want to be prepared.)

They could be starting to try to get a charging order (do you own a property?) or just hoping another judge will look further into your I&E.

Also perhaps just in case have a read up on charging orders and have some thoughts lined up as to why one shouldn't be granted.

I would also read this thread https://forums.moneysavingexpert.com/discussion/2252365 and maybe pm 10past6 (as RAS advised that poster to do).

dancingfairy

Might be an idea to phone National Debtline and see where you stand. I would also check that by going for a redetermination that they are not able to get it changed into a charging order (interim of full)
df