barclaycard ccj cannot pay

hopeless_case_2

hi all i was given a ccj by mkdp and cannot pay its for 2589.05 and dated 20th june but i cannot pay i have emailed them but had no reponse is there anything i can do? apart from apply to the court and pay the £50 fee to ask to pay in installments ?

CKhalvashi

hopeless_case wrote: »

hi all i was given a ccj by mkdp and cannot pay its for 2589.05 and dated 20th june but i cannot pay i have emailed them but had no reponse is there anything i can do? apart from apply to the court and pay the £50 fee to ask to pay in installments ?

There's not a lot that can be done.

It's better to pay the £50 than to pay the bailiffs charges on top IMO.

CK

TBagpuss

did you respond to any of the previous court papers? Normally when you are first served you have the opportuntiy to make an offer to pay and to set out your income and outgoings so that a judge can determine what would be an appropriate level of payments if you cannot pay in full.

if you didn;t do that originally, or if your circumstances have changed, then yes, you will need to make the application back to toe court to vary the order and to ask the Judge to set payments at a rate you can afford.

If you are recieveing benefits you may be entitled to exmption from the court fee.

You may find this leaflet helpful http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex326-eng.pdf

hopeless_case_2

Hi I was just sent a paper from the court to say Ccj awarded and to pay the whole amount

Tixy

hopeless_case wrote: »

Hi I was just sent a paper from the court to say Ccj awarded and to pay the whole amount

If you do not reply to a court claim or file a defence then a forthwith judgement will be given - that is to pay the whole amount immediately.

Did you definitely not receive the original court papers? or did you just not respond to them?

If you didn't receive them do you know why? did the creditor have your correct address?

hopeless_case_2

Yes i did recieve them said I was going to file a defence then missed the deadline .

nottoolate

hopeless_case wrote: »

Yes i did recieve them said I was going to file a defence then missed the deadline .

think the court can refuse to consider varying a judgement where it was made in default of a defence as yours was. get some legal advice

Tixy

hopeless_case wrote: »

Yes i did recieve them said I was going to file a defence then missed the deadline .

What is your defence? do you believe the debt is not owed?
If you do not owe the money then you may have a case to get the judgement set aside.

If you accept you do owe the money then you will need to ask to vary the CCJ and ask to pay in installments.

Both of these do carry a fee (unless you are eligible for fee remission).

I would suggest you act sooner rather than later to get this sorted. If you need help in completing the court forms then you may want to give nationaldebtline a call for some free advice.

But this has gone to far to think it can be sorted by emailing the creditor.

hopeless_case_2

Ok thanks I will try to vary the order

hopeless_case_2

I have never had a signed copy of the credit agreement which is why I was going to appeal

chanz4

If a ccj has been issued, I wouldn't just use about the credit agreement as the judge may just turn around and say why had you waited