Please help me

magee737

I am struggling to understand the courts response to a ccj against me, basically low income so offered £5.

IT IS ORDERED THAT

1) JUDGEMENT FOR THE CLAIMANT FOR THE AMOUNT CLAIMED AND ADMITTED BY THE DEFENDANT TOGETHER WITH FIXED COSTS PAYABLE FORWITH

2) ENFORCEMENT OF THE JUDGEMENT IS ALLOWED BY THE ISSUE OF AN APPLICATION FOR A CHARGING ORDER BUT NOT OTHERWISE WITHOUT FUTHER ORDER.

3) ANY PARTY MAY APPLY TO SET ASIDE, VARY OR STAY THIS ORDER WITH 7 DAYS OF SERVICE PURSUANT TO CPR 3.3 (5&6)





What does this mean? please help. THJE DEBTS FOR 9K!!!! I can not afford this

magee737

Please, anyone

fatbelly

The order is for you to pay it immediately, and if you can't, they can apply for a charge to be put on your house. I assume that there hasn't been an actual hearing yet.

They have turned down your offer to pay by instalments of £5 and so you should apply straight away for a redetermination - this will be heard at a court local to you.

There's a letter you can send here:

http://forums.moneysavingexpert.com/showpost.php?p=33633191&postcount=2

magee737

the letters from the court after i sent a form back to them. Its from cardiff c/ court. There is no equity in home though?

fatbelly

It sounds like you're OK to apply for a redetermination - that's a reconsideration of your offer to pay by instalments, at a hearing where you should attend.

There's some info in this factsheet:

Factsheet | Replying to a county court claim form

magee737

Thank you so much for your reply, i dont understand why hey have not accpeted my offer as my im on benefits now and my expenditure is higher than my income

magee737

This was ordered by a district judge , oh no. Can i still ask for a re-determination? will they send baliffs if i dont pay the 9k at once?!

magee737

anyone? please

fatbelly

magee737 wrote: »

Thank you so much for your reply, i dont understand why hey have not accpeted my offer as my im on benefits now and my expenditure is higher than my income

I'm speculating here but I guess the judge considered that your offer did not clear the debt in a reasonable period. (And was not justified by your income/expenditure statement.)

magee737 wrote: »

This was ordered by a district judge , oh no. Can i still ask for a re-determination? will they send baliffs if i dont pay the 9k at once?!

From the factsheet:

•If a district judge made the original order without a hearing then the re-determination of your offer must be decided at a hearing.

..but you have to apply for this. The end result may be the same but there is no cost to a redetermination, and it gives you the chance to put your case,

The creditor cannot apply for enforcement by bailiff (warrant of execution) because the judge ordered 'ENFORCEMENT OF THE JUDGEMENT IS ALLOWED BY THE ISSUE OF AN APPLICATION FOR A CHARGING ORDER BUT NOT OTHERWISE WITHOUT FUTHER ORDER'

Culex

magee737 wrote: »

This was ordered by a district judge , oh no.

This district judge?


If it wasn't him, he's less likely to shoot you.

Can i still ask for a re-determination?

Yes.

will they send baliffs if i dont pay the 9k at once?!

I would be inclined to doubt it.

2) ENFORCEMENT OF THE JUDGEMENT IS ALLOWED BY THE ISSUE OF AN APPLICATION FOR A CHARGING ORDER BUT NOT OTHERWISE WITHOUT FUTHER ORDER.

The DJ intended enforcement to be by Charging Order rather than distraint.

magee737

The creditor cannot apply for enforcement by bailiff (warrant of execution) because the judge ordered 'ENFORCEMENT OF THE JUDGEMENT IS ALLOWED BY THE ISSUE OF AN APPLICATION FOR A CHARGING ORDER BUT NOT OTHERWISE WITHOUT FUTHER ORDER'

The DJ intended enforcement to be by Charging Order rather than distraint.

Thank you so much for your replys. Can i ask what this means in basic terms please? sorry