CCJ Just came through! Panic! Please Help!

fiona1125

Hello

I have just had a CCJ come through the post for £1000. This was from a Cash for Crash fraud that didn't work out in my favour. Basically someone swerved in front of me at an island and braked. I stopped just in time but gave him a little bump. He took me to court and i disputed, he won and i refused to pay (i know, silly me!)

Anyway, i have zero money! I am 38 weeks pregnant, have 2 children and have no money what so ever. My partner is Self employed but earning no money at the moment due to a drop in workload. We have just applied for Income Support which i doubt we will get but it was worth a try. We have also just signed up to a Debt Managent Plan to help with our exsisting debts that we are struggling, we have a mortgage counciller coming round next week to discuss our arrears. Life at the moment could get any worse.

Anyway, as said! I genuinely cannot pay this CCJ! Is there anyway to prevent this going on my credit file. I received a CCJ from a previous relationship 6 years ago which ruined my life on lending and the CCJ was only removed 2 months ago but now to have another maybe going on makes me feel practicually suicidal. We have no family or friends to help and no one will lend to us, we are pretty much on our own.

As i can't pay the full amount, can i apply to the court to pay in installments and stop the CCJ from being put on my file or will they put it on there anyway????? It is saying i have 14 days to reply and 28 days before a judgement is issued.

I really can't have another CCJ!

Any help would be beyond grateful.

spacey2012

You should have added your insurance in as a defendant, that way they would have been liable for your loss.
I take it you did have insurance ?
What have they said about this ?

Quentin

Paying on the drip won't stop the CCJ being registered, though it may be a way to stop them getting the bailiffs involved.

But why didn't you leave this to your insurer to deal with?

fiona1125

Hi

Yes the car had Insurance, Tax and Mot.

The insurance companies sorted it out between themselves but the Taxi Driver has gone to court for personal injuries that he claimed against me. It was a private claim which i refused to pay. I am not sure how the judge let him get away with it, i bumped him at less that 10mph and he said that he has suffered severe back pain since the crash and had a doctors note, so the judge took his side. I wish i would have put a claim in myself but i'm not like that, you bearly felt the cars connect.

Any advice on the CCJ side of things, do you think they will let me pay in installments and not put it on my file.

fiona1125

Also, could i apply to the company that issued the CCJ with a payment arrangement and maybe they can cancel the CCJ order?

Or is that me wishing!!!!

Giving birth in 2 weeks.....somethings telling me it may be a lot sooner.....i've never cried so much.

Quentin

Your insurance would have dealt with this. Explain your ignorance of this to them and see if they will help out.

If this ends up you are responsible, then the CCJ will stand unless it's paid in full within the month from its ussue.

dancingfairy

Did you actually put your side to court?
In terms of a CCJ I doubt you can appeal it (unless there is new evidence ). If you fail to pay within 28 days then yes you will get a CCJ on your record.
You can apply to court for an order to vary/variation order but I believe that will still result in the CCJ being applied to your file.
df
Edit: How to appeal the judgement is here: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court
This factsheet here is useful as well:http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=08_reducing_payments_or_suspending_a_bailiffs_warrant_on_a_county_court_judgment (although not sure if it is the same form if it hasn't got to bailiffs yet).

I think it might be N294 you need to apply for a variation order. http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=539