Can't afford judgment what next? Help!!

MUMMYMOO_4

Hello again ~ more advice desperately needed. MBNA took OH to court ~ judegment came today ~ double plus amount he's paying Payplan. There's no way on earth he can afford it ~ is there anything he can do?
Thanks in advance

fermi

You will need to ask the court to change the amount to something you can afford.

That should be in line with what the creditor gets from PayPlan.

Link: Factsheet | Replying to a county court claim form

• 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.

Your PayPlan advisor should be able to help you with this.

MUMMYMOO_4

Thanks Fermi ~ OH pays £5.69 to MBNA as pro rata payment per month via Payplan. The judgement has come back as over £300 per month ~ nowhere near the ball park. Any idea how this has happened?
Thanks again