CCJ/Solicitor Help

fen10

Hi,


I've been slowly crawling my way out of debt for the last 5 years, which has been difficult, but I'm finally seeing the light at the end of the tunnel!


Towards the end of last year, I received letters from a solicitors (Mortimer Clarke) for an old catalogue debt. I emailed them with an offer of £20 per month, which they weren't happy with. They continued to write, and I continued to offer £20. Then just before Christmas, I received letters from them asking to apply for a CCJ. I filled out the CCJ form, but I didn't fill out the attachment of earnings form fully, as i didn't want to share my information with them (stupid, i know). I upped my offer to £50, as I thought they would accept that, but they didn't. The solicitors sent the form again, but i didn't respond.


I've now come downstairs to find a CCJ. My question is, does this have to be paid in one go, or can i arrange a payment plan? My offer of £50 still stands (even though the debt is now a third more).


My issue now, is that ive looked back a the original debt, and it is over 6 years ago! Surely if i ignored the first letter, it would have gone away???!!!


Thanks for any advice. I know ive been a bit daft, but i just want to clear it up now.


Thanks

RMS2

You've missed a step, what about all the court paperwork and notices that you had from them?

fermi

Is this showing as a default judgment on the judgment order?

If you didn't fill in the N9 admission and offer form fully, then they can apply for a judgement ordering you to pay in full.

In order to be able to pay a reduced amount you will now need to get it redetermined or varied.

Or if you feel it would have been statute barred before the first contacted you, you could maybe try to have the judgement set aside.

fen10

Thank you both for your replies.


RMS2 - I completed the court forms and sent them back to the solicitors. It was the solicitors who then sent the earnings form to me again.


fermi - the letter ive received today is a 'Judgement of Claimant (in default)'


What's would the likelihood be of me getting it redetermined? Do i liaise with the solicitors? I just don't understand why they didn't accept the £50 per month? It would have been paid in just over a year.


I guess its quite hard to determine how old the debt is exactly. I know now, from working it out, it was over 6 years ago...but its proving it, i guess.


I just want to get it paid and move on, but i cant afford it all in one go!

fermi

Did you return this in full, including the earnings and outgoings sections?

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n009a-eng.pdf

fen10

fermi wrote: »

Did you return this in full, including the earnings and outgoings sections?




I completed page 1 and sections 11 and 12 on page 2.

fen10

Thanks fermi... does a copy of this go to the solicitors too?

fermi

Or if you think it was statute barred before you first made any offer of repayment to the solicitor

info here --> https://www.nationaldebtline.org/EW/factsheets/Pages/25%20EW%20Time%20limits%20for%20recovering%20debts/Default.aspx

then you could apply to have it set aside

info here --> https://www.nationaldebtline.org/EW/factsheets/Pages/12%20EW%20County%20court%20-%20how%20to%20set%20aside%20a%20judgment/Default.aspx

I would call National Debtline free on 0808 808 4000 for advice on that option though.

fermi

fen10 wrote: »

I completed page 1 and sections 11 and 12 on page 2.

It's a court form. You have to fill in all sections that apply. It's not optional.

fen10

Thank you for your help. I'm going to do some digging and try and see a definitive date as to when i last made a payment. You mentioned earlier that if i chose to go down the redetermination route, that i would have 14 days... does that mean that no action can be taken against me in within that period?

littlemonkeywolf

If its a judgment by default you can not request the redetermination and they can also enforce straight off if they have asked for payment forthwith. You need to look at varying the judgment now- N245.