ccj - help needed

desperado1_2

I received a ccj claim form in october 2006 from Bank Of Scotland regarding an outstanding debt of £6k, today I have received a letter from Northampton County Court stating -

Without hearing
Before District Judge Venables
Sitting at Northampton County Court
On reading the papers filed
it is ordred that -

Judgement is entered for the claimant payable forwith.

There is no way I can repay the £6k straight away, I am a housewife and do not get that type of money. What will happen if I dont pay, I do not own my own house. What can I do, I am really scared.

Can anyone give me any advise of what action to take, please, thankyou

shameless-about-money

You need to complete the form for redetermination.

On this it will list your income/expenditure and your offer of repayment.

This form must be sent in within 14 days from the date on the envelope, so it must be done asap.

Have a read of this -

http://www.payplan.com/frequently-asked-questions/county-court-judgements.php#WhatIsCcj

This is the form you need to complete and submit -

http://www.hmcourts-service.gov.uk/courtfinder/forms/n245_0204.pdf

If you need more help with this you could go to the C.A.B.

desperado1_2

Thank you for your reply, can I ask can I just write to the court for redetermination or do i need to complete the form, I am unable to print it off, whereelse can i get a form from to complete.

SSB

Hi
Shameless-about-money's advice is spot on, do not ignore the letter since this will not change anything. Your financial circumstances will be taken into consideration when the repayment plan is decided.
No need to be scared, you can sort this out. Good luck with the paperwork.

shameless-about-money

desperado1 wrote:

Thank you for your reply, can I ask can I just write to the court for redetermination or do i need to complete the form, I am unable to print it off, whereelse can i get a form from to complete.

You will be able to get this form from the County Court itself.

Hope all goes well for you.

JGWT8M

You don't need a Form from the Court, just write a letter asking for redetermination and enclose your I&E statement, this is what I have done this week as well.

Actually you'd best check with the Court, on my Judgement it had the instructions on what I was to do, the form shameless has linked to is for a Suspension of Order (Bailiff) and/or Variation, afaik you don't do this at this stage yet.

Welcome to the "forwith" club, seems this is going on uiet a lot lately.

keith_lard

You should have recieved a claim form with the CCj papers!

Asking for your income and outgoings, you must fill this out and send back to the creditor not the court, ONLY PAY PER MONTH WHAT YOU CAN AFFORD!!!
If its £5 then thats what you are offering and they have to accept, but please state this in your outgoings when you write them down.........you should only have £5 left per month! If thats what you want to pay!

been there myself with these, happy to help futher if you need it.

k.

Wonder_Girl

I am assuming you filled in and returned the Claim form when you recieved it? as this information decides which action is now required.

If that IS the case then if you respond within 14 days of the date on the Judgement you do not need to fill in a form you just need to send in a letter asking for redetermination (there are templates floating around, I’ll find you a good on after i have bathed the kids). in fact if you send in the N245 without the £35 fee the courts get confused and will send the form back causing more stress and confusion.

If however either you didn't return the Claim form, or the 14 days has expired you will need to fill in an N245 and pay a £35 fee to get the instalment order varied.

WG xx

JGWT8M

Please read the OP properly, her Judgement has already been given against her and she has NOT been given the opportunity to pay by Installments.

This is exactly the same problem that plagued my thread on an identical issue, the OP needs to call the Court and firstly tell them she cannot pay and that she understands she needs to request a Redetermination of the Judgement and ask how she does it.

The Clerk, who will probably be a very nice lady like mine, will more than likely tell her to write a letter quoting the Case Number and asking for Redetermination, if you have any issues with how the case was handled, or over anything the Claimant has stated, you can also address them in this letter, or you can address them at the Redermination hearing.

The Claimant is NOT OBLIGED to accept your offer of repayment at any time, this is why Redertimination is there, so that when this happens, the Court can take a closer look and decide which course of action is best for all concerned (it is natural for both parties to disagree how repayment is completed).

Redetermination is also NOT MEANS TESTED which means that the Judge can either uphold the original Judgement, amend it to repayments HE/SHE thinks is appropiate, or amend it to what you are asking for.

CCJ Variation IS MEANS TESTED which is why most Claimants are asking for Summary Judgements nowdays rather than accepting Repayment Proposals, it's a kind of loophole that they are getting wise to.

JGWT8M

@desperado1, I will confirm in the morning, but I think that once you have requested determination (which is the Civil version of Appeal) the Claimant cannot get a Warrant of Execution (Bailiff) or petition for your Bankrupcy until the Redetermination is dealt with.

I want to ask the Court myself this in the morning as well.

Also, it should be done automatically, but don't forget to ask for the Redetermination Hearing to he held at your local Court.

If the Claimant does apply for a WoE, then it is the N245 form posted above that you will need to submit, with the money, to try and have the WoE set aside, you would do this on the basis that you have no assets to sieze.

shameless-about-money

JGWT8M wrote:

You don't need a Form from the Court, just write a letter asking for redetermination and enclose your I&E statement, this is what I have done this week as well.

Actually you'd best check with the Court, on my Judgement it had the instructions on what I was to do, the form shameless has linked to is for a Suspension of Order (Bailiff) and/or Variation, afaik you don't do this at this stage yet.

Welcome to the "forwith" club, seems this is going on uiet a lot lately.

The form I quoted is what I was told I require for my redetermination of a CCJ!! This is from Payplan -

What happens if I can't pay the CCJ?
If you are unable to make the payments ordered by the Court you can obtain a form from any County Court or online and make an 'Application to Vary an Order' (N245). There may be a fee involved of £35 unless the application is made within 14 days of the recovery judgement. The CCJ will then be reviewed and changed according to your new financial situation.

If you are unable to pay any of the CCJ you can make an 'Application Notice' form N244, which can have the judgement set aside. Your new income and expenditure will have to be sent to you local court along with a fee of £60 or £70. A hearing date will be set for you to attend the court and discuss your situation. A representative of your creditor may also appear.