CCJ Help Please!!

srw

Hi there, Hopefully someone can guide me in an error I've made which has scared me and my family half to death today.

My HSBC loan went into arrears when I lost my job. When I found work I couldn't afford payments and asked for alternative terms. This was refused and has ended up with a court action...now the stupid part.

I returned the CCJ claim form to the claimant by mistake (reiterating my offer of £250 a month) and not the court, and now the court has said as they didn't receive it I must make immediate payement for the full balance, which is £23,000 which I don't have.

I don't have a copy of my claim form and I didn't send recorded delivery. Can I challenge this judgement, or ask for a hearing? If not will they take my home (which is mortgaged)?

Appreciate any feedback or advice and thanks for reading.

Simon

vax2002

Where you invited by the court to a hearing ?
If so why did you not turn up, if you did you have the right of appeal as the court has not given you opportunity to present a case, off your !!!!, down to the court and fill in the appeal form and you will get a new hearing.
In the meantime write to the creditor by registered letter offering them a payment plan, save copies, take them to court with proof of posting.
Do it now first thing Tuesday morning, dont worry about work, be ill, anything just get there or there will be no point in working, also dig out your protection insurance and go see a solicitor.
Do not take their word for anything. you usually have to sue the insurance company to get them to pay out.

fermi

Was this Northampton County Court?

As this was determined by a judge or court officer without a hearing, then you should be able to apply for a redetermination.

You will need to act quickly though. The request for a redetermination must reach the court within 14 days of the judgement date.

Send recorded delivery direct to the court ASAP with a copy of your I&E.

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/ £…. deficit after 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

chanz4

you can as for a redetermination of terms, you can get the form from the court but must be quick

fermi

chanz4 wrote: »

you can as for a redetermination of terms, you can get the form from the court but must be quick

Not true

A redetermination doesn't require any forms.

ALL it needs is a letter requesting one to the court, as in the example in my previous post.

You are thinking of an application for a "variation" of the order which is an entirely different thing. That requires a form and a fee, but if you can get a redetermination request submitted within the 14 days, then that won't be necessary.

fatbelly

Fermi is correct, and I think that's the way forward for you.

But in your first post you said that you had made an error in returning the form to the creditor. You did not - that was the correct procedure if you were admitting the debt and offering to pay in instalments.

It was HSBC's responsibility to pass this on to the court, with their acceptance or rejection of your offer. If you received 'judgement in default' (top left hand corner of your ccj) then they did not do so. It's a shame that you did not send it recorded so that you can prove that they received it.

The hearing will be at a court local to you, so whether your order is changed to an instalment order will depend on whether that judge considers 92 months of payment to be reasonable. If not, the forthwith order stands, and the claimant can then apply for a charging order, which seems a distinct possibilty.

Was this a loan in your name only, and is your house owned jointly?

fermi

fatbelly wrote: »

But in your first post you said that you had made an error in returning the form to the creditor. You did not - that was the correct procedure if you were admitting the debt and offering to pay in instalments.

It was HSBC's responsibility to pass this on to the court, with their acceptance or rejection of your offer. If you received 'judgement in default' (top left hand corner of your ccj) then they did not do so. It's a shame that you did not send it recorded so that you can prove that they received it.

Yep.

Wasn't going to rant about it, but pretending that you haven't replied so they can obtain a judgement in default seems to be a common practice for most creditors and debt collectors. It's why I normally suggest responding to claim forms by recorded or even special delivery. Discourages the barstewards from trying that on.

srw

Thanks for the replies guys. Really very much appreciated.