Quick CCJ Query!

johnny_alpha

Hi,

I have a dozen creditors and all have agreed to the debt management plan proposed ... accept the ONE!! Marbles/HFC (represented by Restons) - who went to court having refused my offer (50 a month!) - and I've now a CCJ against me (200 a month!)

Obviously I shall appeal and hope this can be changed when the judge sees that I'm serious with my DMP!

My question is:

1. After 5 years of payments, I would begin sending F&F offers out - and would have wanted to tap into the equity of my property to assist - would a CCJ show up somewhere to make my mortgage company refuse such an offer (ie a 'catch 22'?)

Just thought of another I'd like to ask:

2. In attempting to appear as a reasonable debtor I did not claim charges from this credit card company- nor did I ask for a copy of the credit agreement to prove that the debt can be legally enforceable -is it too late for these steps (as I now have a grudge!)?

And while I'm here - why is there always ONE creditor who screws you?!?!?

Thanks in advance for your responses

johnny_alpha

No ideas, anyone?

CLAPTON

Your first question doesn't make much sense to me but are you asking whether a CCJ will adversely influence your ability to remortgage?
If so the aswer is probably yes but if you have always paid your mortgage properly then that will help. You may have to pay a premier on the interest rate however.

In answer to your second question then yes you can reclaim charges etc and yes you can also ask for a copy of the credit agreement.

and for your final comment/question then some people find there is often more than one copmpay that goes to court or is other wise more difficult than average.

nottoolate

I'm a little confused at how on a DMP you managed to get the court to award a CCJ of £200 per month.
Did you not return the claim form? It seems odd that you are now going to go back and challenge this?

johnny_alpha

Thanks, guys!

The claimant refused my DMP offer - hence judgement - one imags the jusge used some calculator of his own! I will now appeal and produce my statement of affairs etc

Well if they hit me with a whacking 'collection' charge then I shall indeed go back with a claim for unlawful charges.

If they don't come back with a credit agreement then I'll be in the confusing realm of having to try and re-buff the CCJ as they couldn't legally enforce the debt - interesting!

KILL_BILL

hi johnny

judgement is not obtained just becuase dmp refused your offer

you would have been sent a claim form issued by the court which would have given you the opportunity to admit the claim and ask for smaller payments to be considred by the court or for you to deny the claim in form.

from what you have said it appears that judgement was obtained by default by the dmp becuase you never responded to the claim form.

you can make application to the court to vary the judgement and on the form you need to state how much you can comftably afford by listing you income and outgoings etc

johnny_alpha

No - it wasn't by default, but 'after determination' - I sent the claimant the forms back, with my statement of affairs - and they just carried on regardless (as is their want)!

The CCJ form states that "the claimant has objected to the rate offered - therefore the court has decided the rate."

I doubt the judge was privy to my particulars - hence I hope for something in an appeal!

Thanks again.

penguin83

It isnt a judge that determines the judgment it is a court officer (usually a section manager). There are guidelines set out as to what we are legally allowed to give you to live on depending on your circumstances. Your other credit payments would not necessarily been taken into account as the ccj takes prority over these. You can object to the determination though within 16 days of receiving the order. There is no fee for this and its called redetermination. If you are outside the 16 day limit, you will need to make an application to vary the instalements. Complete the form from the link below (N245) and send to the court along with a court fee of £35.00. If you are in receipt of certain benefits or a low income you may be exempt from this fee (the second link will give you more info on this.) hth x

http://www.hmcourts-service.gov.uk/courtfinder/forms/n245_0204.pdf

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_0406.pdf

johnny_alpha

Thanks for the links - my Debt Handling Company said they'd arrange for the appeal.

"the ccj takes priority over these [credit payments]" - that's a scary quote!

I'd certainly hope for the other way around - else all creditors may as well have CCJ'd me and hence bankrupt me ...

penguin83

Sorry I didnt mean to scare you, I just dont think I worded it very well!

Basically when doing the determination you are given an allowance depending on whether you are single or part of a couple. You are then given an allowance for each dependant child. More is given if anyone in the household has a disability. Then you are given rent/mortgage, water, council tax, maintanance payments, travel, tv licence etc (elec, gas and food are included in the allowance). Then priority debts are allowed which includes rent/mortgage arrears, utilities arrears and ccj/fines. This figure is then deducted from your income to give your disposable income and then the order is made for around 50% of this but it can be as much as 75%. As you can see there is no allowance given for credit or loan payments, so this is where the method usually falls down.

When you ask for the redermination though the judge will take all your circumstances into account. x

johnny_alpha

Hmmm - makes me wonder if the court ordered a 250/month (I obv misread the 200 I quoted earlier!), as my disposable income was 450 - which ties into your comment that an order can be made for 50% of that -which it is near as dammit!

The thing is that this amount isn't 'disposable' as that is the amount which gets spread amongst all my creditors in my DMP!

Is it possible that this CCJ trumps my DMP - by hacking away half of it?!

Insanity if it does!

I shall put my faith in a judge who sees I have a DMP and not feed me to the dogs ...