Help! Advice on a ccj please

funkymunky24

My debt started through crazy interest on a credit card, it got up to just over £3000 after I had my first child and I was really starting to struggle paying it off. I was working a small amount of part time work just managing to cover the monthly payments when I found out i was pregnant again and then lost my job (Oct '18). I contacted StepChange who advised me to change banks and explain to the credit card company I couldn't pay the monthly fees. I tried to pay £10 a month but got behind then stopped. The last contact was saying my debt had been passed to PRA group. This was last year.  Cut to now and I've received a letter from the PRA group saying court has found in their favour so I have to pay. I've spoken to StepChange again and they've told me i need to fill in a N245 form and send it to court. I guess I'm just looking to speak to anyone who has been through this as I'm struggling to deal with everything. I'm happy to pay £10 a month but I don't know if the court will accept this. I'm also getting phone calls from PRA  which i block but I'm worrying someone will turn up at my house. Following a home invasion in 2018 I'm terrified of strangers coming near my house and I don't want my children to see me so upset, or for them to witness any of this. Sorry if I'm rambling I'm getting a bit worked up as I feel very over whelmed by the situation. 

waamo

Did you get court papers? If not why not?

Galloglass

Follow the SC advice and complete the N245 form. The form is a request to the court to consider the payments requested under a CCJ. This is called a "means hearing"

https://www.gov.uk/government/publications/form-n245-application-for-suspension-of-a-warrant-and-or-variation-of-an-order

There is a fee for filing the form at the court but you may not have to pay if you are on low income. Yet another form - EX160
https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

After the court has the 2 forms, there will be a short hearing (5-10 minutes) where a judge will decide what you should pay. It is usually £5 - £10 per week. If you think that is impossible, then forget court and talk to PRA directly and see if they will accept a token £1/month (which you will need to maintain). They will want details of your income and expenditure to show that you can't meet their request for more.

Much of what you need is on the NationalDebtline site
N245 : https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx

Example letter to PRA for token payments
https://www.nationaldebtline.org/EW/sampleletters/Pages/Token-payments-or-no-offer-of-payment-(sole-name).aspx

funkymunky24

Waamo I've not had any court papers, I don't know why.
Galloglass thank you. I'm trying to get the N245 and EX160 FORMS printed off today (our printers out of ink, just my luck!). Do I have to deal with the court first or could I go straight to PRA and offer them say £10 a month as I don't have the £50 fee to go with the N245 form? Thank you for your replies, I'm feeling less frazzled today and like I am coping a bit better.

waamo

Have you moved and not told them or anything like that? Do you know what address they had on file for you? The reason I ask is you may be able to get the judgement set aside. I must caution it's unlikely but worth checking just in case.

Galloglass

Do I have to deal with the court first or could I go straight to PRA and offer them say £10 a month as I don't have the £50 fee to go with the N245 form?

Split this into 3 issues:

1. Have a word with PRA and see what they will accept. They will ask about your income and expenditure to see what they think you can pay them.
2. If what they want is too much, then you can opt to have the court set the figure which will be binding on you and PRA. 
3. The earlier posts are trying to find out what the chances of a set-aside are, but a set-aside will cost £255 plus a visit to the court which is why 1 and 2 might be better for you.

waamo

Galloglass said:

Do I have to deal with the court first or could I go straight to PRA and offer them say £10 a month as I don't have the £50 fee to go with the N245 form?

Split this into 3 issues:

1. Have a word with PRA and see what they will accept. They will ask about your income and expenditure to see what they think you can pay them.
2. If what they want is too much, then you can opt to have the court set the figure which will be binding on you and PRA. 
3. The earlier posts are trying to find out what the chances of a set-aside are, but a set-aside will cost £255 plus a visit to the court which is why 1 and 2 might be better for you.

A set aside may cost up to £255 depending on the circumstances. One with consent is £100. If the other party knowingly sent papers to the wrong address then the £255 would be refunded or a third option is the op may be entitled to help with court fees if they are on certain benefits.

In saying that it may just be easier to work out a payment plan as it will be a whole lot less stressful and it will need paying at some point anyway.

Galloglass

There is a slim chance of there being a Redetermination (as explained in the National Debtline link) if the PRA letter is informing the OP of a recent judgment i.e. within the last 14 days. 

Without dates, events and paperwork it is all speculation.

gizmo111

Have you had a sealed copy of he judgement sent to you by the court?
If not I suggest that you ask PRA for the case no and speak to the court to get the details including where the papers were sent in the first place.

funkymunky24

waamo said:

Have you moved and not told them or anything like that? Do you know what address they had on file for you? The reason I ask is you may be able to get the judgement set aside. I must caution it's unlikely but worth checking just in case.

Galloglass said:

Do I have to deal with the court first or could I go straight to PRA and offer them say £10 a month as I don't have the £50 fee to go with the N245 form?

Split this into 3 issues:

1. Have a word with PRA and see what they will accept. They will ask about your income and expenditure to see what they think you can pay them.
2. If what they want is too much, then you can opt to have the court set the figure which will be binding on you and PRA. 
3. The earlier posts are trying to find out what the chances of a set-aside are, but a set-aside will cost £255 plus a visit to the court which is why 1 and 2 might be better for you.

Ok so before I fill in the n245 I'll phone  PRA  and see if I can offer £10 a month. I've done a budget with Stepchange which I could send to PRA  so they know I am trying to do something about this.
Thank you so much for answering me, I really appreciate it so much x

funkymunky24

Update! Taking everyone's advice we've been in contact with PRA  and they have accepted a monthly payment of £5. They were really easy to talk to ( my husband did it for me as I went into a blind panic). I'm so glad we spoke to them first before trying to do the forms, saved lots of time, stress and the £50 fee. Thanks again for everyone's advice I really do appreciate it. 🙂 X