CCJ issued, can't pay, help please!

plumduff-2

You have so many days to do a redetermination... I have done as you have.. and asked the creditor direcyt... the thing is if they reufse and you are then out of time for a redet.. then you can still request a variation order on N245 to reduce the payments, this does cost £35 though, unless on qualifying benefits..

JGWT8M

plumduff-2 wrote:

You have so many days to do a redetermination... I have done as you have.. and asked the creditor direcyt... the thing is if they reufse and you are then out of time for a redet.. then you can still request a variation order on N245 to reduce the payments, this does cost £35 though, unless on qualifying benefits..

Yea crazy isn't it. They took me to Court shouting that they didn't want installments, took an age to do cos their cases were so full of holes they were withdrawn after I put in my defence, and then they put a proper case in that the Judge ruled on and now they want to talk about installments...

So far it's costs them well over £1000 and so far they still havn't got a penny from me, if they'd just listened in the first place instead of getting all high a mighty over it they could have saved themselves that £1000 and had over £1200 from me, I initially offered £600 initial payment (actually sent them the cheque and they returned it) plus remainder in installments which they said no to.

Now the Judge has ruled pay in full in 14 days, and they know full well I can't do that and have no assets, I think it's finally dawned on them just how close they are to loosing the whole lot.

I suppose this is what happens when you put something in the hands of a Solicitor who has a reputation of taking the high line and not putting his clients best interests above his, I found a website dedicated to this particular Solicitor with numerous stories on about how they had done the same before....

There is also an ongoing case against the Solicitor from someone else who had exactly the same thing happen, the defendant offered installments, they refused on the claimants behalf (without making it clear what would happen as they refused)and both claimant and defendant ended up going bankrupt as a result.

I have already asked for redetermination, but by going on what has happened so far, if the creditor and myself agree to an installment payment between ourselves, we can both go back to the court and ask for the Judgement to be adjusted to our liking and avoid the redetermination hearing, if of course they refuse my offer again, I'll let the redetermination hearing go ahead.

Once this is all done and dusted, I'll name the Solicitor and Company concerned so others can be prepared for the game that'll follow.

I suppose in your position, you could tell them to reply within 7 days or you will ask the Court for redertimination, giving you 5 or so days to write to the Court given the delays in the post.

JGWT8M

update on the situation, Claimant's Solicitor wrote back within 24 hours refusing my offer as being unacceptable, so off to redetermination we go.

Will be interesting to see how the Judge decides this.

plumduff-2

Typical.. why should they act rationally when they an just be obstructive and a pain in the ar*e...!

JGWT8M

well I think this way planned, so I'll be telling the Judge that as well.

Might even write a letter to the actual company, see if they are aware of how much their Solicitor's attitude could cost them (he was either instructions to do it, or was working alone which says loads about them)

Maybe not....

JGWT8M

Got a letter from the Court this morning:

To all parties

This claim has been transferred to the XXXXXXX County Court for that court to deal with the defendant's application for redetermination.