Unfair judgment for claimant

denverDOG

Hello all,
This is my first posting on this site, although i have been browsing from afar for some 6 months now, Just got in this evening to find judgment for claimant letter stating we should pay £425pcm for a £7896.46 dept with virgin money.We gave the court a breakdown of our monthly expenditure which showed next to no spair money at the moment, we indicated £1 minimum as recommended by cccs, Just wondered if any one else has had a similar experience,having spoke to cccs earlier they advised to ask the court for an oral hearing to request a reduced amount.
The thing that confuses me is how did they arrive at a repayment figure of £425pcm when credit card payment pcm was £135 and we went in a position to pay that all and any ideas welcome

fermi

You get some very very bizarre payments levels set by the staff at Northampton CCBC.

If you can get this to the court within 14 days of the judgement date, then....

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 forthwith/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 the Consumer Credit Counselling Service (CCCS)/CAB/National Debtline (delete as applicable).

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

fermi

denverDOG wrote: »

The thing that confuses me is how did they arrive at a repayment figure of £425pcm when credit card payment pcm was £135 and we went in a position to pay that all and any ideas welcome

Often the creditor deliberately doesn't forward your I&E to the court, meaning the court just gives them whatever they ask for.

Very very naughty, but the system is open to abuse in that way.

denverDOG

Thanks for your input - it dose seem that the court have had the wool pulled over eyes. I thought it odd that we had to send court claim form back to credit card solicitor, i even rang cccs to check this was the correct procedure which they advised ok. The shame of all this is how much time you start to lose sorting things out.

Oh by the way you will be pleased to know this is my first time on a forum & can already see the benefits of doing that hard thing -ASKING FOR HELP.

fermi

denverDOG wrote: »

Thanks for your input - it dose seem that the court have had the wool pulled over eyes. I thought it odd that we had to send court claim form back to credit card solicitor, i even rang cccs to check this was the correct procedure which they advised ok.

It is the correct procedure unfortunately.

But it relies on the creditor or their solicitor being honest and forwarding your offer and I&E to the court.

As said, that is open to abuse. The system is a shambles in that respect.

Too late for this now, but to try to avoid them pulling a "fast one" I normally suggest that you.

1) Send your response/offer to the creditor by recorded/spacial delivery. They cannot deny getting that, so may be less inclined to try anything less than honest in their response to the court.

2) Send an extra copy of your offer/I&E to the court and inform the creditor in your response that you have done this. Not as per official procedure, but again may make them think twice about trying to pull wool over any eyes.

denverDOG

Thanks for reply, luckily we did send claim form back by recorded delivery well within alloted time frame, I'm going to make sure i am a at next hearing to make sure our situation is portrayed in a true light. I do feel strongly that people in my financial position who do not Deni the the dept are given next to no slack by the credit card companies/banks. I am 44 next birthday and up until Aug 09 had never missed any payments, as soon as i realized we were in a dept spiral we stopped using all credit cards- even asked them all for help on cutting interest rate to give half a chance of paying back capitol, sadly none seemed remotely interested. One day i will be credit card free & thats the way it will stay. I have enjoyed doing my first posts -thanks again.