Judgment for Claimant

Shocker_2

Hi guys need some help pls

Going to be as honest as possible

I have other debts but for now want to concertrate on my asda credit card, applied and was accpeted. Had it maxed out.

My employment circumstance changed and was unable to pay off, i have buried my head in sand and just ignored all letters, debt was passed to Lewis Debt Recovery and again i ignored all letters.

However i have recieved a Judgment for Claimant from court demanding £**** to be paid in installments £**** per month.

I realise now it time to sort my life out and start taking control of not just this debt but others to.

My problem is i remain in same situation jobwise. I'm unemployed with a wife and children. I recieve jobseekers for myself and my wife and child tax credits for children. I live in rented accomadation with zero assets....not even a car.

My question is what should be my next step in regards to this Judgment, should i contact court? Lewis Debt? God?

Their in no way i can afford the installments I can barely afford the weekly shopping bill and thats with supermarket own brands. I don't see my situation changing anytime soon as their have been massive employment cuts in local area.

Any advice you can give me on this i would be most greatful for

fatbelly

Factsheet | Replying to a county court claim form

You can apply for a redetermination within 14 days if there hasn't been a hearing.

http://forums.moneysavingexpert.com/showpost.php?p=33633191&postcount=2

Shocker_2

Ty fat belly

I'll fill that second link in and send recorded delivery. Do you think £5 per month would be accepted? i know it seems like i'm taking the peepee but in all honesty it really is about all i can afford.

fatbelly

Hmmm. That's 15 years to clear it. It's better than not responding at all but I think £15 would stand a better chance.

Shocker - you have other debts? What's the total if you added everything up, including any joint debts?

Shocker_2

Yes i know it's low but i do have other debts.

I have catalogues/provident loans/social loans. Some things are not being paid and others are being paid at a reduced amount. I really do have more going out at mo than i have coming in.

I do have another question for though. I did phone the court this morning and just listened to the recorded messages, it said i should fill in N245 form and pay £40 (not payable if on benefit). Should i fill in the N245 form or just send the Redermination template you linked with a SoA attached?

Also as for the 15 years i don't expect to be unemployed that long! so when circumstance changes will obviously up my payments until then i really am in a mess (myself to blame).

fatbelly

I'd stick with asking for redetermination at this stage. You might need the N245 approach later.

If your debts are less than 15k have you looked into a Debt Relief Order?

fermi

If it was a default judgement because you didn't reply to the claim forms, then I think "technically" under CPR you have to seek a variation rather than a redetermination?

But as fatbelly says, I might try the redetermination letter first as not all courts seem to stick to the letter of that.

pepe2008

fatbelly wrote: »

Hmmm. That's 15 years to clear it. It's better than not responding at all but I think £15 would stand a better chance.

Shocker - you have other debts? What's the total if you added everything up, including any joint debts?

Only offer what you CAN afford. Do it honestly.
Dont hide the other debts from the Court, dont lie about your INcome.
If you make an offer of £15 that you CAN'T afford then you just get more trouble.

In future don't ignore letters, deal with them. I know it can sound harsh to say that but, having been there, nothing gets solved by just ignoring the situation.
There are more people and Organisations on your side than there are on the side of the people you have borrowed from.

With no job or assets your position is strong. They cannot have, or take, what you have not got.

Shocker_2

Hmmm was just looking in that Debt Relief Order.

Writing off some debt seems like a dream come true, i think i meet the conditions for it to be a possible route for me.

I do have some concerns though so if anyone has a DRO and can shed some light on couple of points for me pls

1. Assets of £300 does this include the family TV and kids PC?

2. I have kitchen appliances on HP (Fridge/cooker). I don't want them on DRO, do i have to put them on anyway, they are in wifes name though does this matter? Obviously these are essential items.

pepe2008

If the debts are in your name then only you are liable. You are liable for joint debts.
You wifes income and expenditure could be taken into account to determine the available money.
i.e, you won't get away with it if you are overspending against your own income but your wife has £2000 spare each month.

Not an expert here, but common sense applies.

I would think that HP in her name will just form part of the calculation for her contribution to the household budget. Check this out very carefully and DO NOT PAY FOR ADVICE.

Try National Debtline or CCCS maybe. Plenty of info out there for free.

fatbelly

Shocker wrote: »

Hmmm was just looking in that Debt Relief Order.

Writing off some debt seems like a dream come true, i think i meet the conditions for it to be a possible route for me.

I do have some concerns though so if anyone has a DRO and can shed some light on couple of points for me pls

1. Assets of £300 does this include the family TV and kids PC?

2. I have kitchen appliances on HP (Fridge/cooker). I don't want them on DRO, do i have to put them on anyway, they are in wifes name though does this matter? Obviously these are essential items.

A DRO deals with all your debt, with certain exceptions like student loans, court fines, CSA debt, debts obtained by fraud. All the debts in your name have to be listed. So if the HP agreements are in your wife's name they do not go in.

Those things you listed are not assets.

The intermediary has to deal with your income and expenditure only. We have been told off for using household income, so the results can look odd but never seem to be questioned.