General Form of Judgement or Order (application to vary is dismissed)

Graeme.Watt

Hi, im after some help, im not sure where to post this.

We currently go through a debt management plan and our creditors took use to court to obtain a CCJ. Our debt management company told us that there was no need for us to attend the local court and things would be sorted. The initial payment they ordered from the bulk collection court in Nottingham was 350, this was way more than we could afford so all relevant paper work was filled in and an offer made to pay 56 pounds per month. We were informed of the hearing date (and again told we did not need to attend). Today we received a letter from our local court simply stating

"IT IS ORDERED THAT the application to vary is dismissed" (neither part attended)

Can someone please please tell me what this means, i have looked all over the internet with no joy. Im seriously worried that this means i have to now find the full outstanding balance. But the letter doesn't state anything about whats required.

Please please can someone point me in the right direction.


Many thanks in advance

DVardysShadow

It means that you remain ordered to pay £350. Your debt management company advised your poorly - you should have attended and put your case. I don't know what you can do to recover from this, but if you don't have it, then you don't have it.

DarkConvict

The advice on the forum is to ignore your DMP company, even the recommend companies just tell you to admit the debt. Recommend DMP companies - https://forums.moneysavingexpert.com/discussion/2077631

Sadly, You needed to have read this advice first. - https://forums.moneysavingexpert.com/discussion/2045387

Basically, for failure to attend the court you have lost your right to defend your side, and as such the judge can either set the repayments to be what the creditor requested, or demand repayment in full. Failure to repay within 28 days gives you a CCJ on your credit file, and bailiffs can be issued to collect the outstanding amount.

You probably need to pay out for a redetermination hearing if you can't afford the set repayment plan. And you MUST attend with with proof of your budget!

Graeme.Watt

looks like im in some serious !!!!!! then, i thought with going through a DMP i was sorting this out. ive been going with DMP without issue for over 5 years with regular payments etc.

Now i'm stuffed. Game Over me thinks.

NorthernLas

Here is a link to the government website on CCJ

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10013083.

The original amount stands. Did you sent an income / expenditure sheet and did it clearly show that you could not pay?

Have a read of this link as well (it is quoted in the other one) and is a court doc explaining what to do if you can't pay.
http://www.hmcourts-service.gov.uk/courtfinder/forms/ex326_0405.pdf
There is a part about appealing within 16 days if you cannot pay. Maybe you could phone the local court and ask them.

My suggestion would be to phone national debtline, explain you have a CCJ and asked for redetermination and ask what to do next.
I guess it is pay up or appeal proving why you cannot pay.

Who is your DMP with? Seems like they provided bad advice about not going to the re-determination hearing, so now you know, you need to find out what you can do about it.

Graeme.Watt

yeah the income expenditure sheet was filled in in full and showed that there was no way i could pay the £350 i only pay 300 to my DMP as thats all i can afford.

Thanks for your help, i need to speak to DMP on monday and see what they say and take this on myself. It's going to be a long weekend.

DarkConvict

Who was your DMP company by the way?

Being in a DMP for 5 years is along time, generally its on the boundary to whether its worth it, as bankruptcy only lasts 6 years on a credit report but can affect future careers in say law, finance etc.

Graeme.Watt

it was DCM Apex, ive had no problems till now, ive just done a forum search and internet search and it appears ive been taken for a mug by them. really don't know where to turn now. I've also read about Restons doing stuff like this even though they were receiving regular payments, i could understand if i owned my own property and they were trying for a charging order but i'm in a council house. :-(

DarkConvict

You really need to swap to one of the recommended DMP companies, it will get you out of debt quicker. https://forums.moneysavingexpert.com/discussion/2077631

There is alot of them out there, and sadly only the bad DMP companies advertise meaning its not easy to find the correct solution as they occupy TV, search results, online ads and often recommended by other companies (like catelogs) as they paid them to do so.

penguin83

As you didnt attend the redetermination hearing, you can make another application to vary the judgment. You need to complete Form N245 and there is a £35.00 court fee or if you are in receipt of certain benefits or on a low income then you may qualify for remission. See here for more info.

You must attend the hearing though. As it is your application if you aren't there then the court presumes that you no longer want the application to go ahead xxx

Graeme.Watt

ok thanks for all your help

It is much appreciated, i am still panicking slightly, the thought of having baliffs turn up kinda turn my stomach.

I'll do as you say though, thanks again.