Advice please on ccj

Headache77

Hi, my first post so sorry if in the wrong place.I have a catalogue debt with jd Williams which was £100, unfortunately at that time I had a traumatic relationship break up which left me as a single mum with 2 kids. I made an a arrangement a year ago to pay £12 a month but through my own stupid fault I got behind. I had a huge council tax debt last year and also an overpayment from tax credits which has eaten most of my income.I have really been struggling and since then it was passed to Cabot and now in the post I get a ccj judgement by default from the court in Northampton of £421 for the jdwilliams debt, I was in shock and after looking up on line realise I should have been sent a form to fill in prior to the judgement which showed my income etc, I did not get sent this form. I got a letter from a solicitors too, afterwards called Mortimer Clarke. They have sent me an income/outgoings form and are asking for an offer of payment if I can't pay in full.I have done this but am worried they won't accept my offer and put in for an attachment of earnings.I work 16 hours and get tax credits and housing benefit , my hours won't go up until next year when my son goes to school and I can work more hours. I have offered £10 a month as I cannot afford any more while I am paying back council tax and tax credits. Are they likely to accept? And if not can they do an attachment if earnings for more money? Sorry if stupid questions, I don't know anything about all this and I have no one to ask and now it's worrying me and I just want to start paying it back and get it sorted.

sourcrates

Hi,
They went to court over £100 debt ?

Times must be hard at Williams towers these days.

OK, you should of been send pre-court documents, giving you the opportunity to either accept and pay up, or defend the action.
Did they not send you these ?

Now judgement has been past, you are stuck with it i`m afraid, they should accept your offer of payment, if you accompany it with the income/expenditure sheet too, they have the option of an AOE but as long as you show your paying what you can afford, you should be ok.

Headache77

Yes, I must admit I never expected it to get to court, definitely not been sent any pre court documents in the post I've been truthful in my income/expenditure form and sending first payment so they know they will get something.
Thank you, put my mind at rest a bit, just worries me when I don't understand the processes of everything.

sourcrates

Headache77 wrote: »

Yes, I must admit I never expected it to get to court, definitely not been sent any pre court documents in the post I've been truthful in my income/expenditure form and sending first payment so they know they will get something.
Thank you, put my mind at rest a bit, just worries me when I don't understand the processes of everything.

http://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/default-judgments

Have a good read of the above link.

sourcrates

Getting a judgement set aside is not simple, you need to have a good reason in order to do so, not recieving court papers is a valid reason, however you must prove the creditor had your current address.

There will also be a fee of £155.00 to pay, so it is costly, and only gets you back to square one, the case would be presented again, so may not be of any real benefit to you.

fatbelly

From that link

Setting aside a default judgment

You may be able to get a default judgment set aside. This may be possible if you never received the documents, or were in hospital and didn’t know they’d arrived.
You’ll be expected to prove these facts, and pay a fee.

This doesn’t mean the case is over – it just means the court will listen to your side of the argument before deciding.

That's only part of what you need (so not very well written really). You also need a defence with a real prospect of success. Do you have one?

When was this account first started, did you ever sign a credit agreement? JD Williams were notorious for starting catalogue accounts without a signed agreement and for pre-April 2007 accounts this makes it unenforceable under Section 127 (3) CCA.

If you don't have a defence, and are still within 14 days of the judgement, you can ask for a redetermination fee-free under cpr 14.13

https://forums.moneysavingexpert.com/discussion/2323057

rainbowj63

I have several off these hit me six years down the road everything fell apart last year... I'm finally sitting down with all my debts to do a,debt relief order... I was considering suicide yesterday which is,ridiculous,...I thought my debts were almost stature barred suddenly they ve all upped the anti it seems... Will ccj s be included in the dro at the moment they are threatening attachment of earnings as I have nothing of value I'm terrified as I work under crb enhanced with vulnerable adults yes I know I should nt be in this,position but after the last few years well ten of living in an abusive relationship I've never been lucid enough to budget or plan I'm single,now but it's all crashing down around me

fatbelly

rainbowj63 wrote: »

I have several off these hit me six years down the road everything fell apart last year... I'm finally sitting down with all my debts to do a,debt relief order... I was considering suicide yesterday which is,ridiculous,...I thought my debts were almost stature barred suddenly they ve all upped the anti it seems... Will ccj s be included in the dro at the moment they are threatening attachment of earnings as I have nothing of value I'm terrified as I work under crb enhanced with vulnerable adults yes I know I should nt be in this,position but after the last few years well ten of living in an abusive relationship I've never been lucid enough to budget or plan I'm single,now but it's all crashing down around me

rainbow - chuck all your debts into the DRO. They are a brilliant tool. £90 and job done. You're well enough to work - this gives you a clean start as regards your debts

they do not affect a crb check, neither do ccjs. A DRO covers ccjs and attachment of earnings if there is one

The only debts that are excluded are magistrates court fines, student loans, social fund loans and csa debts.

But you can only have one every six years so you will need to budget carefully from here on.

sourcrates

fatbelly wrote: »

rainbow - chuck all your debts into the DRO. They are a brilliant tool. £90 and job done. You're well enough to work - this gives you a clean start as regards your debts

they do not affect a crb check, neither do ccjs. A DRO covers ccjs and attachment of earnings if there is one

The only debts that are excluded are magistrates court fines, student loans, social fund loans and csa debts.

But you can only have one every six years so you will need to budget carefully from here on.

Good advise here, DRO may be a good option for you, if your debts are less than £15000, arnt a homeowner, and you have less than £300 in assets, 12 months, and your debts are legally wiped, you don't make any payments either.

Info here :

http://www.stepchange.org/Howwecanhelpyou/DRODebtrelieforder.aspx

rainbowj63

thanks so much, I sat down with my paperwork last night and thinking that my debts were around 9k ..... and thinking I had no idea about my financial situation I actually worked out I owed 9.5 k which must me on some pathetic level I have an idea of where I am at. I have four CCJ s but all are statute barred but they are still pursuing, Ive contacted Step Change to start the DRO process, even thought really Im no further forward at least I feel im getting back in control, my only challenge will be if I get bailiff action, one CCJ is threatening attachment to earnings which will be difficult at work as Im a support worker with vulnerable adults, (joke I have to help them with budgetting !) honestly. Ive got the 90 quid so Im squirreling that away any ideas how long the process takes.
Many many thanks for your replies.
Julianne

rainbowj63

All the ccj debts are well over 7 years old grrr !!!!!