CCJ help

Clouds88

Is anyone familiar on where we can go from here.

Background- an individual took my husband to the small claims court online for £900 that he admitted to oweing but he cannot pay as he has no job and no money.

Filled in the form online admitting that he owed the money and offered £35 per month towards the debt (I was going to pay this)

The individual declined this amount and asked for a CCJ for my husband. The court sent him a date to come to court with details of his income and outgoings. I rang the court in advance as he was getting worse with his mental health and said I doubt he will go, what will happen. They said the case will likely be referred to someone else or something? I thought oh good some more time if that’s the case.

Anyway, he’s been put on another SSRI alongside his original one and he seems to be improving , thankfully but the court have ordered him to pay the amount in full by the 17th (today). It says if you cannot do this speak to the court, so I rang them and no one answered. I’ll try again Wednesday but tomorrow I’m working.

I am just thinking what, legally, can we do now? It would have been so much easier if the individual just accepted the payments in the first place, but here we are.

I do not want bailiffs at the door, but if they did is it the same that they cannot force entry like consumer debt? The car is registered in my name so that’s safe. I would prefer to just set up a repayment plan but seeing as it’s not my debt and nothing to do with me it’s hard without getting my husband to take action. His mental health makes him bury his head.

WhenIam64

The court sent him a date to come to court with details of his income and outgoings. I rang the court in advance as he was getting worse with his mental health and said I doubt he will go, what will happen. They said the case will likely be referred to someone else or something?

Sounds like an N39 hearing which is all about finding out information.

https://www.gov.uk/government/publications/form-n39-order-to-attend-court-for-questioning

Small Claims court process is straightforward. There are 2mn cases a year so it is a bit of an automated process.

Firstly he does not need to go to court. If he has admitted the debt, then it is only the payment plan they are looking at. This is why they need the paperwork and by supplying it, the judge can make a decision on the amount to be paid each month. £10 per week is a common amount for that level of debt but it is all down to the paperwork sent.

If the paperwork has not been sent, then a judge may decide the full amount has to be paid within 14 days. However within 14 days of receiving the CCJ, he can ask the court for a Redetermination where again the income/expenditure paperwork needs to be supplied so a judge can make a decision on the amounts.

Even then if circumstances change later, he can go back to court to ask for the amounts to be changed but there will be a fee payable to the court for another Redetermination.

The setting the amount process is a 5 minute meeting in a bland office with an overworked judge who would rather you were not there. The only reason to be there is if he does not follow the automated process.

fatbelly

Clouds88 wrote: »

. The court sent him a date to come to court with details of his income and outgoings. I rang the court in advance as he was getting worse with his mental health and said I doubt he will go, what will happen. .

If this is an order to obtain information, he should attend. If he is not well enough, a doctors' note should cover him but they will probably just set another date. This should not be taken lightly as it is one of the few things that you can be jailed for (up to 2 weeks) though I've never seen it happen.

To me your offer of payment seemed reasonable, provided your figures justified it. I guess the claimant is trying to work out if any of the following will work better for them:

a charging order
bailiffs
attachment to earnings
third party debt order

Clouds88

okay thanks for your help. He received paper work saying to pay the full amount, so I’ll ring and ask for a redetermination. He hasn’t got any income and we are waiting on a UC decision so we don’t have anything to show as income for him but I’ll see if I can get it sorted anyway. Happy to pay £10 a week from my wages.

fatbelly

Clouds88 wrote: »

okay thanks for your help. He received paper work saying to pay the full amount, so I’ll ring and ask for a redetermination. He hasn’t got any income and we are waiting on a UC decision so we don’t have anything to show as income for him but I’ll see if I can get it sorted anyway. Happy to pay £10 a week from my wages.

If you get in within the 14 days, there is info here about redetermination.

https://forums.moneysavingexpert.com/showpost.php?p=33633191&postcount=2

There is no fee