Just had ccj form back objecting rate of payment, now what??

thepinkladez_2

Hi all,

just a brief outlay of whats been going on to make things clearer! have a debt with egg for £12,997.90 that was immediatly passed to their solicitors a soon as we started making token payment 2 months ago ( as you can see by my sig we do have other debts wit egg but they havn't done a thing with these? )
Only had 3 letters from Drydens 1. we are acting on behalf of egg. 2. why are you not paying ( paid and egg cashed all token payments) 3. ccj form!
drydens ignore everything we say so i just :wall:

Filled in ccj forms and returned them last week and basiclly drydens have once again completly ingnored our soa enclosed and have rejected the payment of £250.00 pcm.:mad: The courts have now sent next letter stating they want £488.29 pcm ( my entire dmp payment is only £453.00!:eek: ) CCCS are closed all weekend and dh is also away so feeling mighty stresses out about everything and not really clear on what i need to do and what will happen next? cccs told me to call back once i have had a response but thats as far as i know on what i need to do etc ( i have started babbling now- can tell i am stressed!:D )

can anyone please help with some words of wisdom etc?

fermi

Link: Factsheet | Replying to a county court claim form

WHAT HAPPENS NEXT?

• If the creditor accepts your offer you will receive a county court judgment from the court telling you to pay in monthly instalments.

ADVICE
You should send your payments to the creditor not the court. Keep a record of what you have paid and when.

• If the creditor does not accept your offer the court will decide (or 'determine') what you should pay each month.
• If you owe under £50,000 the court staff will usually decide what you should pay without a hearing, although they can ask a district judge to make a decision if they feel the issues are complicated. If you owe over £50,000 the district judge decides either by looking at the papers or at a hearing in your local county court.
• If you cannot afford what the court has decided you should pay, you can apply to the court to look at your offer again. This is called a 're-determination'. There is no fee for this. You must do this within 14 days of getting the order. You can do this by simply writing a letter to the county court. Quote your case number. Attach your personal budget sheet and explain why you disagree with the order the court has made.
• The re-determination will be done by a district judge. Where an order was made by the court staff, the district judge can decide to have a hearing or make a decision by looking at the papers. You can ask for a hearing when you write to the court and ask them to look at your case again.
• If a district judge made the original order without a hearing then the re-determination of your offer must be decided at a hearing.
• If there is a hearing, the case will automatically be transferred to your local county court so you can attend. The court will give you a hearing date. You must go to the hearing which should be in the district judge's rooms (in private). Take a copy of your personal budget sheet.

WARNING
If a district judge made the first order on how much you should pay at a hearing you cannot apply for a re-determination but must apply for the monthly payments to be reduced or 'varied'. See reducing payments on court orders below.

If you can't get hold of CCCS and need urgent advice to put you mind at rest, then give National Debtline a call. They might be open?

Plus there are a couple of people here who work for the county court. A PM to them might be an idea.

penguin83

You have 16 days from the date of judgment to object to the payment rate set by the court.

Send another copy of your soa along with a covering letter explaining your position and your offer of payment.

There is no fee to pay if you are within the 16 days and your case will then be transferred to your local court for redetermination. x x x

thepinkladez_2

thank you for your quick replies.

so do i write the letter to the address on this new form to the court office address on the right hand side or do i write back to drydens ( this is where cccs told me to send back first form accepting the ccj form)??

does anyone have a template letter i can use? bit worried i will not write the letter correctly and somehow shoot myself in the foot or something!

fermi

thepinkladez wrote: »

so do i write the letter to the address on this new form to the court office address on the right hand side or do i write back to drydens ( this is where cccs told me to send back first form accepting the ccj form)??

To the court. All the decisions on this are being made by them now.

thepinkladez_2

thanks fermi
:T

fermi

I can't remember a particular template for the letter, but if you make a rough draft and post it up here then we can take a look and perhaps make suggestions.

dodecanese

Hi
the CCCs have a template letter they can send you- you have approx 2 weeks to send the redetermination letter back to the court so although you need to do it asap, you have time to get them to send you this.
Or- try National Debtlines website- they have letters/info you can download. Sorry, dont have a link.
I was told by CCCS that is it very common for CCJs to come back higher than the amount you offer, and the court will decide an amount.

fermi

dodecanese wrote: »

the CCCs have a template letter they can send you.

Handy to know.

I don't think National Debtline have one for this on their website (as far as I can see).

thepinkladez_2

thanks everyone for all your help, its great to feel like i have a friend out there! my common sence self expected this senario to happen they have ignored everything else and i guess their ultimate gain would be to be the first to get a charging order slapped on my home or the biggest chunk of money. Thats what cccs seem to think is the probable outcome too.

but my scared self is just getting myself into a complete state again, expecting a baliff to leap through the door and take everything we own or turf me and my baby out!( i think i have an overactive imagination!:rolleyes: )guess it doesnt help the letter arrived today when dh is abroad on business and cccs are closed!

gazmona

....just found this thread after receiving the same letter this morning and trying very hard to stay calm....

Our payments for a Tesco Personal Finance loan (£ 14500) have been rejected....by the court after filling out the jjc forms 3 weeks ago( we had a review with Payplan in December and as circumstances had changed payments were reduced)
the court has now decided we pay the full sum or make payments of
£ 463 pcm...followed by threads if this is not payed by the 29.5.
:eek: ...
( our entire dmp is £ 161 !!)...and could never afford to pay this amount.
Unfortunately I can't offer any advice, but to let you know you are not on your own !