CCJ new judgement without hearing???

Squirrel29

I am awaiting a redermination hearing at my local court following a CCJ from Nationwide, set at £85 :shocked::female::shocked::sad::eek: despite me paying £11 a month now via a DMP with payplan). I'd not heard anything for a while and need to sort time off work for hearing so rang the court this am. The lady in that department said the District Judge had looked at it and made judgement and it was at typing pool.

I had sent in my SOA and a letter explaining I was on DMP. Can the judge set a new figure without a hearing in a redermination case? Now back to dreading the post in case figure set is higher!

DVardysShadow

Did you send your paperwork to the court rather than the creditor? Did you recieve copies of everything the creditor was going to say in court?

IMO it is either a mess up or the judge decide that a hearing was a waste of tiem because he was not going to change anything.

fermi

If the original decision on what to pay was made by a court officer, and you didn't specifically ask for there to be a hearing for the redetermination, then the judge can decide to do the redetermination without one.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part14#IDA5BUJC

Squirrel29

I sent in my SOA and defence via Payplan for original hearing (they said they'd passed it on) but I have strong suspicion that Nationwide "forgot" to send it in with Court papers. This time for redermination I sent my SOA and a letter explaining I'm on DMP directly to the court.

Squirrel29

Oh and I did ask for it to be transferred to my court to assist me in attending a. Hearing.

fermi

Well, it would be transferred to your local court for a redetermination anyway, whether you request a hearing or not. That is automatic for most cases.

Possible they interpreted what you wrote as "if a hearing is necessary" rather than specifically "I want a hearing"?

Depends on the wording of your letter I suppose?

I would check what you wrote. And I would check the original judgement paperwork to see if the original £85 was set by an actual judge, or just a court officer.

If it was set by a judge originally, according to those CPRs it should have a hearing at the local court no matter what.

If it was set by a court officer, then as previously said, it would be up to the judge UNLESS you specifically asked for a hearing.

I would also wait until you get notice of the amount. All this may be academic if the new payment rate is reasonable.

Squirrel29

It was made by a court officer. My actual letter wording said 'I wish for my claim to be transferred to *********** county Court to facilitate my attendance at any hearing. So I guess I wasn't specific enough!!! Fingers crossed its reassessed at reasonable rate.