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CCJ againt me---help
Dikko
Posts: 25 Forumite
I have been given a cccj against me for 10k by MBNA and the judgement says I have to pay £1296 per month yet my DMP has offered them £43 based on affordability which they MBNA rejected.
can this be challenged? I have 14 days to write to the court.
Dikko
can this be challenged? I have 14 days to write to the court.
Dikko
0
Comments
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You need to ask for the amount to be redetermined.
Send recorded delivery direct to the 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 14.13To 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 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,
NameFree/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0
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