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Redetermination hearing - HELP!!
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fairygirl1977
Posts: 6 Forumite

Hi, I am due to attend a redetermination hearing on 6th July at my local County Court - all thanks to Fiat (will never buy a car off them again)!
I have been on a DMP since May 2011 with a charity organisation and all of my creditors have accepted the reduced payments very politely except for Fiat/FGA Capital Uk Ltd. I owe £38,000 plus £8000 as an additional card-holder on my mum's credit card in total (mainly as a result of me having Bi-polar and incorrect medication until I got stable a couple of years ago).
Fiat managed to get a 'Determination in favour of the Claimaint' via Northampton Count Court last month (without a hearing with me involved) and the Judge ordered that instead of paying even the original payments for my car of £272 per month (I am currently paying £119 per month), that I should pay the ridiculous amount of £1253 per month for the next 10-months. This is over half my salary!!!!!
I am absolutely scared witless about hearing and would like to know if the following 'evidence' will suffice for my case:
- all correspondance regarding my DMP including latest budget, statements and payments,
- copies of all correspondance that I have had with Fiat and their Solicitors more recently regarding my difficulties.
- copies of all correspondance sent to Fiat/FGA from my Community Psychiatric Nurse (CPN) who has supported my diagnosis and consequences of this,
- a copy of the 7 page A4 letter that I have now sent to my local County Court which details why I am in the situation that I am today.
I work bloody hard for my money in a highly stressful job, have never been out of work since the age of 10 years of age (I am not 35) and I need something to live on! I don't have a life of luxury - I don't even have money to buy clothes anymore. The only thing I have of any worth is my pet dog. I have sold pretty much everything I own on Ebay etc to get by each month and I have absolutely no social life.
I desperately need my car otherwise I will lose my job. I cant sell it as I would be at a loss of about £8000 and then still have to repay this to Fiat and have no vehicle.
I am also concerned that my Court letter states that my hearing will last 30 minutes whereas website advice and posts all suggest that other people only had to attend for a 10-minute hearing!!
My CPN has agreed to support me at Court in case my mental health is not believed. My mum is also attending as part of my DMP is £180 to pay a credit card debt that I have run up in her name and she can not repay as she has since been made redundant and is now reliant upon a pension and still has her own debts to repay. I understand that this may be questioned and not accepted as part of DMP by the Court even though CCCS have accepted it.
The ridiculous issue is that I owe a far higher debt to Tesco Bank and they are receiving a smaller proportion of my DMP each month however have accepted the reduced payments!
Please help and please don't judge me! I judge myself enough trust me x
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