ccj help pls!

lukemed1

Hi Guys and gals,

problem with a ccj, before xmas we sent an income and expenditure form to the claimant, yesterday we received a judgement through the court for the total sum, we can't afford to pay in one go hence why we offered to pay by installments, so, we're guesseing the claimant never received the offer of payment from us, so what happens now? we can't afford to pay it????
thanks for any help

Luke

fermi

lukemed1 wrote: »

so, we're guesseing the claimant never received the offer of payment from us

I'm sure they did.

The most common sneaky tactic is to tell the court that they didn't, hence the "forthwith" judgement for the whole amount.

Back with a letter in a sec.

fermi

You need to ask for the amount to be redetermined.

Send recorded delivery direct to the court ASAP with a copy of your SOA (income & expenditure).

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..

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

McKneff

Ferni, youre an absoulute star on these boards and on behalf of all the people you have helped in the past and in the future I would like to say a big THANK YOU:T

I just like to think its nice to show now and again that all help from any one on the is appreciated.

handyman123_2

McKneff wrote: »

Ferni, youre an absoulute star on these boards and on behalf of all the people you have helped in the past and in the future I would like to say a big THANK YOU:T

I just like to think its nice to show now and again that all help from any one on the is appreciated.

Ditto from Handy.:D

lukemed1

Thanks Ferni!!!!!!:beer:

fermi

I should for add anyone reading this:

If you can afford it, then always return any court forms to the creditor or their sols by special delivery (preferably) or at least by registered post. Plus a copy direct to the court, and mention that you have done that in your submission to the creditor.

This is one of the most common tricks and biggest holes in the court procedure. It allows the creditor to tell the court that they have not received any offer from you, and they can then request a order for the debt paid in full immediately. There are no checks to see if that is true, so creditors will fib on this when them think that there is no proof to the contrary.

If the creditor knows that you and the court have proof of receipt of the paperwork, then the creditor will be less inclined to play these games.