Challnenginf the amont owed on existing CCJ

DavidLaGuardia

Sorry for typos in heading !
should read challenging the amount owed on existing CCJ

My OH had a CCJ issued a few years ago for a debt relating to an unsecured loan she defaulted on (the CCJ also resulted in this being secured againt her house).

She made arrangements to pay the debt off to the creditor through a monthly payment that she has continued without problems over the last few years.

Now nearing an end, it is apparent that part of the orginal amount should not have been included (this is complicated and explaining it is irrelevant, but suffice to say I agree with her). The claimant is refusing to acknowledge this.

Obviously, had this been made clear at the time of the CCJ the court would have considered the facts to make an adjustment. Unfortunately, like so many CCJs for such debts they are carried out with neither plaintiff nor defendent being present and when she (as common with many is a financial crisi) failed to make her own response

This is less than the current amount outstanding but she would like to settle the outstanding amount on the basis of what she believes she owes and challenge the disputed amount.

We understand how a claim for money owed can be made through small claim courts, but in this situation how does one go about altering the existing CCJ amount still owed under this contract?

fatbelly

If you can't reach agreement with the creditor over this (presume you're offering a lump sum to settle), then it falls back on the court processes.

The problem is that this has already had two passages through the courts (the initial claim and the charging order) and this issue was not raised.

I'm not saying this would be impossible (to vary the order) but you would need help from a solicitor who knew what they were doing, and even then you might not succeed