CCJ help - setting up payment plan
kayarr30
Posts: 5 Forumite
Hi this is my first post! Without the woe is me blah blah - due to my ex husband leaving me with massive debts I’ve landed myself with a CCJ with Reston’s. I’ve done the financial audit and offered £35 a month as my disposable income is around £38. They’ve completely ignored this and are demanding £90 a month - saying some of my figures, in their eyes, are ‘too high’ - I have 4 kids 24/7 so unfortunately some of the figures are high! But they are accurate and correct.
Where do I stand? I’m trying to find a way to pay it off but I just don’t have £90 a month, and because someone has decided I have....is there anything I can do at all?
Where do I stand? I’m trying to find a way to pay it off but I just don’t have £90 a month, and because someone has decided I have....is there anything I can do at all?
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IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed0 -
Hi,
How much has the court told you to pay ?
Ignore the idiot solicitor, to vary a court order to a more affordable payment, you need to fill in court form N244 and return it to the court.
It can be downloaded online, Google is your friend.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
I’ve landed myself with a CCJ with Reston’s. I’ve done the financial audit and offered £35 a month as my disposable income is around £38. They’ve completely ignored this and are demanding £90 a month - saying some of my figures, in their eyes, are ‘too high’
Where do I stand? I’m trying to find a way to pay it off but I just don’t have £90 a month, and because someone has decided I have....is there anything I can do at all?
How were you landed with a County Court Judgment?
Did you receive the claim form but not responded so it was a Default Judgment stating £90 per month based on no information from you?
Or did you attend the Hearing and lost so the DJ made an instalment order of £90 per month?
Or was the claim form served on an address where you weren't living so you got a CCJ which you've only just found out about?
Or have you received a claim form (not a CCJ) from Restons and you're planning to file an admission with an instalment offer which you'e attempting to negotiate (or perhaps a Tomlin Order to settle)?
Sorry for all the questions but they're necessary to make sure you get the answer you need
Di0 -
Hi Di
It was sent to an old address and despite showing that the original company had new details Reston’s have told me that any further correspondence regarding addresses etc will be ignored. So I’ve taken it on the chin and am now trying to ensure it’s an amount I can afford so I don’t default but Reston’s are ignoring my financial breakdown, telling me some figures are ‘too high’ in their opinion and demanding £90 a month. Just wondered what I can do0 -
sourcrates wrote: »Hi,
How much has the court told you to pay ?
Ignore the idiot solicitor, to vary a court order to a more affordable payment, you need to fill in court form N244 and return it to the court.
It can be downloaded online, Google is your friend.
The court hasn’t set a monthly amount - just the total sum and I’m in no position to pay it in one go0 -
Hi Di
It was sent to an old address and despite showing that the original company had new details Reston’s have told me that any further correspondence regarding addresses etc will be ignored.
In which case you have the option to apply for a set-aside of the Default Judgment (CCJ) due to incorrect service by Restons who served it on an address where you were not living and your current (at the time) address should have been known.
CPR 13.2 makes that mandatory not discretionary > https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13#13.2
Normally I would suggest you ask Restons to consent to a set-aside to avoid the need for a Hearing, but from what you say they may not be willing
You can make an Application for a set-aside yourself or if you're resigned to the CCJ which was a forthwith Order (whole amount within 14 days?) you can make an Application to Vary that Order (CCJ) to an affordable amount determined by the court and not by Restons.
Once it's varied you won't face enforcement action such as Bailiffs or an Attachment of Earnings as long as you keep to the repayments ordered by the court.
If you are on low or no income you may be entitled to fee remission. There's a separate form for that.
If you feel you're being bullied by Restons then ask someone at the CAB to help you complete the court forms to minimise your contact with them (Restons).
Di0 -
Thank you so much Di
I am on UC so will do the forms etc - thank you again x0 -
Thank you so much Di
I am on UC so will do the forms etc - thank you again x
You're welcome
You'll start to feel better once you take control of the situation instead of the situation controlling you.
If you're on Universal Credit bringing up four children I don't see how Restons came to the conclusion that you should pay them £90 per month! Maybe you should offer £1 per month to the court unless you're advised to get the CCJ set aside so you can defend it.
Di0
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