Ccj instalments agreed but redetermination?? confused.

shocktactics69

Hi, I recieved a letter from the court saying I had a CCJ order to pay £40 per month for my Restons /MBNA debt of £9k last week.

I have recieved a letter now saying Restons want a reditermination?? and It has been transfered to a local court but they will send me a date.

I havent even had the chance to make any payments (or default)and want to pay by installments.
I have a home in my sole name with about 25k equity, but I also have other debts which I have agreed payment plans with individually and have been paying them fine.

I cant understand the point of getting a CCJ agreed then they take you back to court straight away.:mad:
I realise they want a charging order but thought if I got a CCJ I could pay as agreed by the courts.

Can I fight this redermination thingy? ...any help would be greatly recieved. x x

Tixy

Hi

Yes they can ask for a redetermination if they are not happy with the payment level set by the court, and as you are aware they will be wanting to try to get a charging order.

Yes you can try to fight it - have you seen the national debtline factsheet which includes lots of possible reasons to use when defending against a charging order - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court

shocktactics69

Hi Thank you for that, Yes I have looked at the national helpline information and it helped as I also have a HSBC debt which with my cards, O/D and flexiloan would add up to more than the MBNA but I have only defaulted on the card not my accounts even though I am overdrawn.

I am really worried as I rent the house out so I am not living there....I moved out as my job was costing a fortune in petrol and childcare costs it was cheaper to move out than pay petrol, mortgage childcare etc so I think they will be harder on me because I dont live there.
I am not in a position now to move back and pay the mortgage myself either.

All I can defend is on the basis of I have other creditors, which doesnt sound very promising....would an IVA protect my house?

fatbelly

One thing at a time ... there will be a hearing for the redetermination. Restons will be asking for a forthwith judgement (pay it all at once) and they will be saying that £40 per month is unreasonable. For a 9k debt, many judges will agree with that. It might be different if you could afford £150 per month but I take it you can't.

You've got debts, and 25k equity in a house you don't live in. Have you thought about selling?

shocktactics69

I dont want to sell as I will never get a mortgage in the future or then have a home to fall back on. Its mine and my daughters security blanket which is important to maintain while I can.
I have arrangments in place for my other debts but Restons just want my house even if I paid £150 a month they would still go for a charging order I think.
If I put the house up for sale now it wouldnt sell and complete by the time they took me to court anyway so not sure if that would work.
I suppose I am just worried that if one gets a charging order my other debts could also go down the same route and I would have no equity left so may as well be bankrupt.
Its all very confusing what is the best route to take.
Thank you so much for all your help,,, im just confused.com lol.
x

fatbelly

They can only have a charging order if you default on a court judgement. That's why they are seeking a redetermination. Not to get more money per month, but to persuade the court to make an order that you cannot meet,, so you default on it and they can secure the debt on your property.

It is a possibility that other creditors may go down that route. So that's why I was thinking, with house prices going nowhere and you not living in the house, sell it, clear your debts and get rid of all the hassle this situation is causing.