Another ccj question... sorry!

sionnach67

Hello.

I had some good advice on the forum earlier about a CCJ ( thank you!), but wonder if I could just ask a couple of other things.
I've had a CCJ issued ( My claim form was,apparantly, never received by the solicitor, I therefore received a CCJ stating I had to pay the full amount (£6000)
I'm on a DMP, and have never missed a payment ( even before the DMP) to this particular creditor.
I can't pay the full amount, and have sent an N245 to the court.
Does anyone know what action the creditor may take now? I'm terrified they will try to make me bankrupt ( although I actually have nothing of value, I rent my home, I genuinely need my car for work), or send Bailiffs round. The CCJ was issued on 20th May, the solicitor has told me I need to pay by 6th June.

Any thoughts on what I should do now would be gratefully received

thechippy

Don't worry,

Just write to the court for a redetermination under rule 14.3 of the cpr rules.
Offer to pay what you realistically can per month and the court will normally always accept.
As long as you keep up the payments, the creditor will not be able to go any further.

sionnach67

Thank you for the reply! I'm trying very hard not to worry, but failing dismally I'm afraid
I have sent a written request for redetermination, but was then told by Payplan that I should've sent a N245, so I've done that as well! Very confused!

thechippy

You don't need to send the n245, you can request a redetermination under cpr 14.3.

Anyway, stop worrying. You'll be ok.
Just keep us updated. - they won't take anything or be making you br....;)

sionnach67

I had a bit of a lengthy debate with Payplan about whether it should have been redetermination or N245, but they insisted it was the N245 because it was a 'forthwith' judgement.

Anyhoo, I've sent both ... Hope that won't turn the court against me for being such a hopeless mare
Time will tell!

Thanks again

thechippy

Na,

You'll be ok.

I think you have 14 days from the hearing to request a redetermination under cpr 14.3 from the court. After that yes, you use n245.

The fact it was forthwith, does not stop you using cpr 14.3 within the 14 days.....

sionnach67

That is what I thought too ( and was the very useful advice I got on this forum)
Ah, well, I'll keep my fingers crossed and post updates as and when they happen
S x

thechippy

Relax.

Basically you have nothing to take.
Making you BR is pointless and they know it.

Bailiffs can't be instructed unless you start missing the monthly payments and even then, it's not automatic - the creditor has to decide to and instruct enforcement.

If your circumstances change for the worse and the current monthly payment becomes difficult, you can go the n245 route again and ask for it to be lowered.

You are a million miles from anything that should be losing you any sleep......;):beer:

sionnach67

The solicitors for the creditor have already said they will be going for enforcement if I have not paid by the 6th. And they have rejected my offer again.

And sods law....... one of my other creditors, who has accepted my offers since the DMP started, has suddenly rejected it, even though I increased it this month. So thats my 2 largest creditors refusing offers. Blimey.... this is such a minefield and I am NEVER going to have credit again ( and not just because the CCJ means I can't anyway )

Right, time to stop whinging and sample a wee glass of something I think

Thank you for your support

thechippy

Eff the solicitor,

See what the court says about your offer.
Did you send an I&E to the court to back up the offer is all you can afford?

Still would not worry, how is the idiot solicitor going to enforce?
You don't have anything to take....;)

I'm off for a glass of wine and a smoke as well for a few mins.....:cool:

sionnach67

Yep, I sent my budget and current DMP payments ( supplied by Payplan) so I'll keep my fingers crossed. As you say, I pretty much have nothing of worth ( thanks to a marital breakdown and pending divorce :embarasse) but I suppose the solicitors don't know that.

I wish I still smoked (but gave up 6 months ago) because I could do with one right now! Nevermind, I'll just have to make up for it with another wee drop of vod