CCJ- Judgement says I have to pay in full and I can't!

Faye449

Sorry if any of this doesn't make complete sense but I am having a right old flap today!

I have received a Judgement for Claimant (N30) from Swindon County Court re a CCJ that Nationwide applied for, for a £3361.80 credit card balance. Paperwork states 'You must pay the claimant forthwith'

When I sent the original form back to Nationwide I included copies of my budget from CCCS so they know full well I don't have the money for this and I am currently paying all my creditors £1 token payments. The original form went back to Nationwide as per the instruction on the form- does this mean the court don't know my situation or do nationwide have to tell them?

There is a note on the judgement saying that I can object to the rate of payment fixed- can I get one of these forms without having to go the 2.5 hour journey to Swindon to get one??

cobblers_boy

Faye

I personally don't know the correct answer but I am sure somebody will be along shortly. from reading through a number of posts I think the short answer is there is a reasonable way around this and please don't get yourself worried about it.

There is always a ;ight at the end of the tunnel.

Good luck

CB:)

fermi

It's likely that Nationwide deliberately didn't pass the info on to the court.

A lot of creditors do that, as the court then just makes a judgement like this. Sneaky 'bleeps'.

But you can ask for it to be change if you act quickly.

You need to ask for the payment 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 14.13

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 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 CCCS.

As you can see my budget shows I have £…. surplus/ £…. deficitafter 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

Faye449

cobblers_boy wrote: »

Faye

I personally don't know the correct answer but I am sure somebody will be along shortly. from reading through a number of posts I think the short answer is there is a reasonable way around this and please don't get yourself worried about it.

There is always a ;ight at the end of the tunnel.

Good luck

CB:)

Thanks CB :-)

Flipping Nationwide are enough to drive me to drink at the moment......If I could afford it haha!

Faye449

fermi wrote: »

It's likely that Nationwide deliberately didn't pass the info on to the court.

A lot of creditors do that, as the court then just makes a judgement like this. Sneaky 'bleeps'.

But you can ask for it to be change if you act quickly.

You need to ask for the payment 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 14.13

Thank you so much Fermi, you are a 'bleeping' diamond!

I am writing this now and will be at the post office first thing on monday morning.

Benji_58

Hi Faye
Had same sort of letter today, but on a £4193 debt they have added £10809 for costs, total to repay £14,976. I also sent copies of DMP to nationwide which I dont think they have passed onto the court. All my other creditors have accepted my plan so far (which was started in June) Dont know which way to turn now. Dont want to go to court

Arfhurdaly

Benji_58 wrote: »

Hi Faye
Had same sort of letter today, but on a £4193 debt they have added £10809 for costs, total to repay £14,976. I also sent copies of DMP to nationwide which I dont think they have passed onto the court. All my other creditors have accepted my plan so far (which was started in June) Dont know which way to turn now. Dont want to go to court

That seems outrageous. Can you get costs rebated/set aside?

Hannah_10

Benji_58 wrote: »

Dont know which way to turn now. Dont want to go to court

It's your not wanting to go to court that means they are winning. The courts are going to side with you if you put your case like Fermi says to. Nationwide though are hoping that you'll be too scared to know that. And you are too scared to know that.

So by being scared of the dog you're letting the dog bite you. Tell the dog to go and lie in the corner and it will.

You have nothing to fear from the courts. Nationwide bl**dy well do though. (Why do you think they've made it their business to put you off).

PNPSUKNET

if you ever want forms, you can download them or call the court and they will send them out to you.

Benji_58

Arfhurdaly wrote: »

That seems outrageous. Can you get costs rebated/set aside?

I hope so. Just don't understand how nationwide can ask for the extra amount or were they get the figures from and just give you extra worry

Hannah_10

Knowledge is power. Start a new thread Benji, we can maybe empower you a bit with this.