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Can anyone help with CCJ advice please?

sionnach67
Posts: 25 Forumite
Hello.
First time poster, but long time MSE lurker would be very grateful for advice.
To cut a longish ( and undoubtedly familiar) story short, I am currently on a DMP with Payplan. I have £22000 of unsecured debt, and fell into financial crisis following marriage breakdown and subsequent ( and incredibly stupid) use of PayDay loans to get by. I'm not a homeowner and have little in the way of assets. ( I have a car, but it's essential for my job)
Most of my creditors accepted my payments ( started in November 2010) but one ( a well loan loan company ) have refused and took me to court and were granted a CCJ to pay the outstanding amount ( £6000) ... my paperwork didn't arrive in time. I had infact never missed a payment to them up until my DMP, and have paid each month via the DMP since. The debt has increased by £1000 due to charges they have added and the court fee.
I've applied for a redetermination... but now I don't know if that was the right thing to do? And if it was, what might I expect, and will the solicitors acting for the loan company pursue enforcement of the order whilst this is pending? What might 'enforcement' be? They have already told me that Ocean will not accept anything less than £270 a month ... which is what I was paying up until my debt crisis ( I've been paying £135 since). Should I notify the solicitors that I have requested a redtermination?
Also, oddly, I've just noticed that one of my creditors has now rejected my offer, although they accepted it up until now, and infact the payment I'm making has increased. I'm so confused by it all, and just feel so angry with myself, and so anxious and tearful about what happens next.
So sorry for rambling on, and if anyone has anything they can suggest, I'd be so grateful.
First time poster, but long time MSE lurker would be very grateful for advice.
To cut a longish ( and undoubtedly familiar) story short, I am currently on a DMP with Payplan. I have £22000 of unsecured debt, and fell into financial crisis following marriage breakdown and subsequent ( and incredibly stupid) use of PayDay loans to get by. I'm not a homeowner and have little in the way of assets. ( I have a car, but it's essential for my job)
Most of my creditors accepted my payments ( started in November 2010) but one ( a well loan loan company ) have refused and took me to court and were granted a CCJ to pay the outstanding amount ( £6000) ... my paperwork didn't arrive in time. I had infact never missed a payment to them up until my DMP, and have paid each month via the DMP since. The debt has increased by £1000 due to charges they have added and the court fee.
I've applied for a redetermination... but now I don't know if that was the right thing to do? And if it was, what might I expect, and will the solicitors acting for the loan company pursue enforcement of the order whilst this is pending? What might 'enforcement' be? They have already told me that Ocean will not accept anything less than £270 a month ... which is what I was paying up until my debt crisis ( I've been paying £135 since). Should I notify the solicitors that I have requested a redtermination?
Also, oddly, I've just noticed that one of my creditors has now rejected my offer, although they accepted it up until now, and infact the payment I'm making has increased. I'm so confused by it all, and just feel so angry with myself, and so anxious and tearful about what happens next.
So sorry for rambling on, and if anyone has anything they can suggest, I'd be so grateful.

Toto, I've a feeling we're not in Kansas anymore:smileyhea
0
Comments
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Have you spoken to your Payplan advisor about this?
Why was the paperwork late?
Asking for the redetermination was the right thing to do, and as far as I recall it shouldn't get as far as enforcement while that is being sorted?Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Hi
Thank you for the reply!
The paperwork was late in the first instance as I didn't get the notification of intention to submit a CCJ until 6 days after it was issued ( It was the long bank holiday weekend) and despite sending the form ( I forgot what its called, sorry) by recorded delivery to the legal documents people at Payplan, it took 6 days to get to them. I did email the court a couple of days before the 14 days was up to ask if there was anything I could do, in view of the delays and bank holidays, but they didn't reply until after the CCJ was granted. At the end of the day, I should've used special delivery ( lesson learned)
I've had several conversations with Payplan, but mainly they seem to suggest we have to wait to see what happens.
I think my own confusion about the whole thing has made me completely incapable of discussing it sensibly!
Do you know what 'enforcement' may mean, if it comes to that? ( which I really hope it doesn't... I'm terrified and humilated at the thought of bailiffs and the like)
Again, thanks for the response!:)Toto, I've a feeling we're not in Kansas anymore:smileyhea0 -
For a high street type loan company, it's virtually unheard of for them to use bailiffs etc...
Instead they they may look at less drastic options such as a charging order on any property you have, or perhaps at the extreme an attatchment of earnings order.
However, the point of the redetermination is to try to get the court/judge to set a payment rate on the CCJ that you can afford to pay. Once in place if you keep paying that and don't miss payments, then the creditor wouldn't be able to use any enforcement methods.
Can I just check how you made the redetermination request?
Who is sorting that? You or PayPlan?
What you should do is send a letter requesting a redetermination direct to the court. That MUST arrive within 14 days of the CCJ being made, so you can't hang around.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Hi
I sent a letter, using the basis of a template I found on this site , requesting a redetermination by Special Delivery today ( CCJ was granted on the 20th May... 14 days will be this Friday) ( I had originally thought I had to do an N245, which I printed off and had sent to Payplan for completion, and received back today, but on further investigation by myself it seemed that redetermination was the next step, so that's what I did) I did it myself, but with an SOA and list of creditors that Payplan sent with the returned N245.
I really don't have any assets, am in rented accommodation, even my tv is 18 years old and will become defunct in November.
Is it best to let the Solicitor for the claimant know that I've applied for redetermination, or do the court tell them?
Again, thank you, I really appreciate your advice, you must have heard it all a hundred+ times beforeToto, I've a feeling we're not in Kansas anymore:smileyhea0 -
Good. At least you know that it will get there on time.
Honestly, I'm not sure if there is any benefit in telling them of the redetermination request?
Or if it may actually spur them on to be awkward if they know that that is coming?
If the request is received in time, then the court should have it and be able to act to set a hearing date/transfer to a local court before the one month for payment is up. The creditor would then be notified of the transfer anyway.Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB
IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Those were my thoughts exactly... I could just imagine the creditors getting ( even more ) awkward if they knew about the redetermination request.
The Solicitor has said that I have 7 days from the 31st to agree to the Claimants request for £270 a month before enforcement is used.
Ho hum.
There is something strangely therapeutic about getting this out in the open. Still scared, but such a relief to be getting support via MSE
SToto, I've a feeling we're not in Kansas anymore:smileyhea0
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