Question about CCJ

LBaum

1. You got bulk processed at Northampton and ended up with x1O the amount you can afford to pay.

2. The redetermination hearing is two months away from the original date on CCJ and you can't afford to pay the first or second months CCJ at the rate set by Northampton

3. What happens if you underpay more than one month CCJ payment, ie two months.

4. How does a DCA benefit from this?

RAS

Do you own a property?

LBaum

I jointly own property, our home.

RAS

Ok

What they are hoping is that you do not pay the monthly installment and then they will go for a forthwith judgement (requiring you to pay yhe full amount immediately) and interim charging order, with the aim of securing the debt on the house.

Do you have the default notice on this debt?

LBaum

I know they are after a charging order.

They didn't go forthwith but Northamptom set the rate of repayment for the CCJ x10 the amount I could afford to pay.

The date for the redetermination falls so I miss not one, but two payments of the CCJ, and that is before I can show the Judge my income and expenditure and get the rate of repayment set at a realistic level.

A default notice was issued prior to the CCJ by the creditor .

It is a DCA who are dealing with the CCJ.

NorthernLas

You have a CCJ but have requested a re-determination.

I would have thought that you pay nothing until the re-determination hearing, since the whole point is that you are unable to pay the amount requested.

Why not phone up National Debtline and ask them the specific question?

Tuscan

you need to double check but im pretty sure i just paid the amount i had offered until the redetermination hearing..

jalebi

LBaum wrote: »

1. You got bulk processed at Northampton and ended up with x1O the amount you can afford to pay.

Possibly decided by court staff using a determination of means calculator. Ideally you want a district judge looking at your income and outgoings. The district judge can use discretion when deciding rate on a CCJ. So, need to ask for redetermination.

LBaum wrote: »

2. The redetermination hearing is two months away from the original date on CCJ and you can't afford to pay the first or second months CCJ at the rate set by Northampton

You've already asked for redetermination - great. You simply don't pay the amount that was set - otherwise, at the redetermination it will look as though there isn't a need for amending the rate since it seems affordable to you.

LBaum wrote: »

3. What happens if you underpay more than one month CCJ payment, ie two months.

Tricky one. In theory, no enforcement action should take place until your redetermination has gone through since that is when the rate on your CCJ will be finally set. In practice though, it is not unheard of for a creditor to still apply for a charging order before the redetermination hearing. If they do this, you will get notice of an interim order - this will give you at least 21 days notice of a charging order hearing. If you get the interim order, you should insist that the redetermination is heard before the charging order hearing. It isn't unheard of them to be done at the same time - e.g. judge hears redetermination and leaves rate as it is, then straight away grants a charging order. Given that this is what could happen, I would agree with NorthernLas and suggest you contact National Debtline so that you know what options you have.

LBaum wrote: »

4. How does a DCA benefit from this?

As you've already mentioned in one of the posts above, they want to go for a charging order. This will secure the debt against your share of the equity in your home.

LBaum

I can't help wondering if there is any advantage to the DCA in having two missed payments on a CCJ rather than one. Perhaps it is something they could produce in court to strengthen their argument for a CO , add some additional cost, or perhaps even apply for some other form of enforcement alongside the CO.

penguin83

Hi LBaum, the fact that your redetermination hearing is 2 months away is nothing to do with the DCA's, it is purely to do with the availiable listing time that the court has. Most of the DCA's would prefer the hearings to be sooner but the time just isn't available. If they applied for any other type of enforcement it would be returned to them until the redetermination hearing had taken place. xx

LBaum

Thanks Penguin83.

I just get the sense that the DCA's play a well timed game getting the date for the first payment of the CCJ knowing that the redetermination can't take place until after that deadline of first CCJ payment. - hence you have no choice but to default because you genuinely can not afford that monthy amount without missing other priority payments and starving and freezing to death. ( Actual reality last winter, so I'm not really joking when I say this.)

This is about knowing how soon local courts can realistically respond to redetermination requests. - It's probably out of synch with the intended system because of the massive increase in DCA's using CCJ/ Co's to secure otherwise unsecured debts since the inception of the system.

It also means that they may be applying for an interim charging order, prior to redetermination. Ie I got my date in well before their application but they seem to be allowed to go ahead with it anyway.

There is however some recent case law which concerns this whole area and I'm going to study properly it before even attempting to post it here.

Here's a tip for anyone questioning what goes on at Northamptom- and the subsequent process, whatever you do don't accuse them of incompetence even if they didn't seem to take into account your income and expenditure. This will get the backs up of any court officials you deal with in the rest of the process if you mention it.

( I have been warned about this- they are very touchy about Northhamptom Bulk.)