Advice needed regarding a Court Hearing PLEASE

angels11

Hi, everyone,

We have been on a DMP with CCCS for nearly a year now and everything has been going great up until the last month. One of the Creditors (MBNA) had referred it to a solicitor and then they passed it onto court for a CCJ. They requested the pay the full amount ASAP, which we couldnt do so we sent some forms back as CCCS advised us to.

Just got home from work tonight and we have a letter for a redetermination hearing on MONDAY (12th July)!!!

My question is, im not really sure what this is for and do we have to attend. The debt is in my husbands name to this creditor and there is no way he can get time off work to attend on Monday.

What do we do :eek:


Thanks in advance guys X

DarkConvict

You need to defend the case yourself, so you only pay what you can afford otherwise bailiffs will be brought in.

Give this a quick read - https://forums.moneysavingexpert.com/discussion/2045387

NorthernLas

Angel - I think you mean redetermination hearing. Was the CCJ awarded at a value that you couldn't pay and the forms you sent back requested it? Did you submit income and expenditure to the court so at the hearing they can set a reasonable figure for you to pay back?

It seems strange that you have received pretty much no notice of the court hearing given that it is on Monday.
If you cannot attend, my suggestion would be to send your income and expenditure and a letter explaining what you can afford to pay. With this there should be no reason why the judge should not believe you. Send the letter by recorded post so that it gets there on Monday

I have found a link to a similar thread https://forums.moneysavingexpert.com/discussion/1621187

Could you speak with CCCS if they have been involved in the submission of documents to the court?

angels11

Hi,
Yes you are quite right northernlass. It is a redetermination.
We received the notification of the CCJ and with the advice and help of CCCS sent back another form along with a letter and our income and expenditure, then got something else to say it had been trasferred to our local court. Then we got that letter today. I hace had to read it a few times to make sure i am reading the dates correctly. (It is dated 7th July, for the hearing on 12 July). I can ring CCCS first thing Monday but the hearing time is set for 10.00.

I think I just need to know if my husband needed to attend. He cant on Monday due to work commitments and the such short notice.

Nargleblast

Angels, you might want to PM 10past6 about this as he is the expert on CCJs etc.

fatbelly

I could be wrong on this but I think penguin83 works in a court -anyway she is good on court process.

Try a pm to her

It may be too late to adjourn the hearing but I'm sure she will know what you can do (if anything) in practice

penguin83

Hi Angels, it sounds like it is a typo on the hearing notice - maybe should have been the 12 August. Your OH should phone the court on Monday (phones answered from 9am) and get them to send amended hearing notices out. You should be given at least 8 days for service before a hearing and to be honest lists are so full getting a date so soon is unlikely. If the court insists that the date is right remind them that you are entitled to at least 8 days notification as per the CPR (civil procedure rules) (read here rule 10 paragraph 9 b).

The creditor will have also had the same notification and they will have not been able to get their written submissions in in time for the hearing (creditors very rarely attend redeterminations in order to keep costs down).

Please dont worry it is a mistake and even if it is not you are entitled to another date because you have not been given sufficient time for service. xxxx

angels11

Hi, Thankyou

I will get the OH to ring the courts first thing in the morning, just had a quick read of the letter and it says it is open from 10am, but will try calling from 9am.

Arrrrghhh, I just feeling stressed about all this stuff again now! Really considering an IVA. Does anybody know if you still get hassle regarding ccjs etc once you have agreed on an IVA.

Angels

angels11

Thanks 10past6 for your message. I have read the infor and will be bear in mind should there be a next time!!!

angels11

Well the hearing went ahead without us being there, unsure if the other party attended either with having it at such short notice. we have got to ring the court in a couple of days to find out the outcome of the hearing.
We can also write a letter to contest the hearing as we wasnt given enough notice.

Will keep you posted......

climbintheladderouttadebt

Good luck Angels11!

Did not want to read & run. Awful practice for courts by the sounds of it. Hope all gets settled in your favour soon!