Need to pay CCJ by Friday but I have no money

totallystuck

I have fallen behind on payments for a course I was studying and last week I got a letter from a solicitors asking for my overdue installment or the full amount would be enforceable within 7 days.

I sent a cheque but not in time and now I have a letter from the court saying I must pay £222.25 by 24/09/2010.

If I do not pay then bailiffs will visit to seize goods of that value.

Is there ANYTHING I can do about this? I just do not have any money... I don't work (SAHM to 2 children) and my partner is being made redundant this month.

sofababe

Have you actually had the CCJ forms from the court? Did you defend yourself in court, send in the defence forms? A letter from a solicitor doesn't actually mean there is a CCJ unless there has been a hearing in court. Many "solicitors" are debt collection agencies and have no more right to demand that money in 7 days than I do.

And remember the DFW catchphrase....They can't have what you haven't got!!

totallystuck

sorry I was unclear... it already got to the CCJ stage before I don't have the paperwork, I was scared my mum would find it - oh this is a mess, our second child is only a month old, I had ante-natal depression, my mother would look after our daughter while I was at various appointments, and she is a bit of a snoop. So once things are done and dusted I tend to get rid.

So what I have is a notice of issue of warrant of execution from the court. Does that make sense? I have just been in a fog for most of this. I wrote on the calendar the day of each month that I had to send my cheque (to the solicitors) and just forgot.

totallystuck

Bump if anyone can help me

NorthernLas

OK - first thing, if bailiffs do come to your house you MUST NOT let them in.

You need to find out if your cheque has been received and whether it is sufficient to stop the bailiffs attending.

If you cannot pay, you can apply to the court for a redetermination, This means that you ask the court to agree for you to pay less.

See this leaflet from national debtline on what to do http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=08_reducing_payments_or_suspending_a_bailiffs_warrant_on_a_county_court_judgment

If you are not sure I would get advice from National Debtline, CAB or Community Legal Assistance.

totallystuck

Thank you NorthernLas - my cheque has been received and cashed, and the solicitors have sent me a receipt giving my new outstanding balance, this is the balance pre-court fees.

Is it actually possible for them to withdraw the court fees and allow me to continue paying the monthly amount?

fatbelly

There's a warrant been issued so you will be getting a visit from the court bailiff unless you apply on an N245 to (1) suspend the warrant and (2) vary the order to the monthly amount you can pay.

It's all in the factsheet that NorthernLas linked to.

totallystuck

Thank you fatbelly, I am looking at the link and N245 now - I suppose I just hoped that as it is really a case of my cheque crossing in the post with the warrant of execution, that it could just be withdrawn simply IYSWIM - wishful thinking I suppose. As I can pay the monthly installments, and even send the solicitors post-dated cheques if they want, but an extra £200 out of nowhere is impossible.