CCJ-unfair judgement-HELP

forumman_2

Hi
I have unfortunately had my judgement returned from the court for FULL payment of my oustanding debt of £17k from a credit card company (£2.5k solicitor's fees). I am completely floored because my I&E on the admission form showed my to have only a few spare pounds left at the end of the month and that I am in arrears with my mortgage (neg equity).
Did a judge actually look at this or did a 'backroom boy' just make that decision depending on what side of the bed he got out of? I sent the admission form to the cc solicitor-did the courts actually see the I and E?
This is my second ccj in 2 months and the first was accepted at £1 a month despite the I&E being identical which confuses me even more.
Please can someone advise which form I need to fill in to stop them executing this.

Many thanks

orpheus

Hi forumman,

Am not totally clear from your post about the details, but was this a case that you did not attend because you agreed with the ccc's claim on the form and you have now had a judgement/determination?

If so, there should be details on the form of how to appeal, which you must do within the alotted time. Usually, they will move the case to your local county court and you will have to attend a brief hearing with your I & E form and make your case. I have had to do this twice and it was far less scary than it sounds (less than 15 mins in the court-room both times) and in my case, judgement went to me in both cases and I carried on making the agreed reduced payment as part of my Debt Management Plan.

Are you getting help from CCCS or Payplan or your local CAB? If not, do so, they will guide you through this and take some of the pressure off.

Good Luck - Orph.

forumman_2

Hi,
Filled in forms as requested but came back with judgement to pay in full despite my I&E showing that I do not have the means.

tigerfeet2006

Was this the first hearing or the appeal?

forumman_2

First time

rog2

forumman wrote: »

Did a judge actually look at this or did a 'backroom boy' just make that decision depending on what side of the bed he got out of? I sent the admission form to the cc solicitor-did the courts actually see the I and E?

Did this CCJ come from 'Northampton County Court'? If so, that is the 'fast-track' County Court, favoured by most creditors, and it is likely that your case was reviewed out of the actual courtroom with the final reccomendation 'rubber stamped' by, or on behalf of, the actual judge.

You CAN appeal the CCJ - and ask that the appeal be moved to a local court. You can, usually, get good advice from your local County Court office.

The 'solicitors' fees seem extremely high.

chevalier

You can ask for the CCJ to be set aside or for a redetermination I think the word is. This can be done at your local court as suggested by rog2 above
chev

forumman_2

Hi,
Yes the solicitor's fee is extortionate and wonder if that would be enough to have it set aside?? Appreciate the input.

Gillianh2

You really need to take the judgement to your Local County Court along with details of your Income. They will then give you a form to complete(depending on your circumstances you may not have to pay for this. If you do it is fairly reasonable fee).YOu will then be sent a new hearing date. Go along to this and show your I&E I know it seems scary and daunting but honestly it isnt. The Judges are usually very fair some are brusque others not so, but they will not order you to pay more than you can realistically afford.

Good Luck.

GirlieSurfer

Hi there,

Sorry to hear you are having trouble.

The solicitors fees do seem slightly high, although they do increase inline with the amount of debt, plus there is the Court fee which also increases in line with the amount of debt so I guess, given the large, sum it is feasable. However, in the process of sorting this out I would certainly ask for a breakdown of costs to be produced by the other side solicitors at the next hearing.

I think its on the back of the Judgement or Claim form details of what to do/who to contact to make payment/appeal etc. Alternatively, if you write to the Court (and CC the other side solicitors) and make sure you state the Claim Number and CCJ Number and full names of both parties, together if poss with the name of the Judge that passed the Judgement it should get into the correct hands. You can then explain your appeal and reasons why etc.

But like has already been said, the best thing to do is seek advice from the appropriate authority. The CAB is pretty good at this.

Hope you get it sorted.

GirlieSurfer

Sea78

HI

As has been said - the CAB would probably be best to ask as they will be able to give you specific help in this case. I don't know much about CCJ's and court stuff I'm afraid. It might also be worth giving one of the free companies a ring for advice (CCCS/Payplan) and they might be able to help you further if you haven;'t got the money to settle the debts.

Can't really improve on the advice already given I'm afraid.