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Ccj

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Hello - I hope I am posting this is in the right place.

I have received a CCJ judgement for £4K for an old credit card bill (that was originally £2k but has been passed around several debt collecting agencies). I knew the debt was around but hadn't head about it for a couple of years and wasn't even sure who had now bought the debt.

Anyhow - today I recorded a CCJ for the full amount plus around £250 costs as 'payment forthwith'. It was the first I've heard of it being at this stage and hadn't seen any court papers.

A frantic search and I've found the original court documents on a pile of post to send on to my son who is studying in America. I am assuming my wife picked it up and added it to the pile by mistake.

I don't despute the debt and would have replied along with the I&e forms, along with an offer of payment to clear the debt over around three years - which I would have hoped would be expected, but now I haven't replied, what should I do? I can't afford to pay it all off in one go and not sure what the best action is?

I'd be grateful for any advice

Comments

  • sourcrates
    sourcrates Posts: 31,481 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 27 June 2016 at 6:55AM
    Hi,

    You don't need a solicitor, what you need to do is apply to the court to change the payment order, to do this you must fill in court form N245, and return to the court ASAP.


    Details here :

    https://www.citizensadvice.org.uk/debt-and-money/help-with-debt/changing-a-court-order-for-debt/


    That's all you have to do, upon receipt the court will change the amount payable to what you have asked for.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Huskyrunner
    Huskyrunner Posts: 542 Forumite
    i would give step change a call and see what they recommend
    debts 16550
    Mortgage 69500
  • The intervention of the court and a lawyer is probably the best thing now.
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    edited 28 June 2016 at 4:45PM
    Hi Richbee9433,


    Sourcrates is right. You can apply to vary the CCJ to a more affordable amount but I am afraid this will now cost up to £50 to do (using the N245). I appreciate that the misplacement of the forms was a genuine mistake but you don't contest the debt itself and the creditor sent the forms to you (which is all they needed to do). There is nothing to really challenge here and you shouldn't need any legal advice either, it is quite a straight forward process.


    Just a minor word of warning - if it was a forthwith judgement it could have instantly defaulted and the creditor could consider more enforcement - such as bailiffs. If you get a notice of enforcement then remember the golden rules - do not let bailiffs in, keep your home locked and hide anything of value outside. The N245 form can be used to suspend bailiffs and amend the instalment amount. Good luck,


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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