Redetermination hearing what happens

Georgybaby007 · 17 June 2018 at 7:56AM

I've got a ccj for a halifax credit card i took out years ago. I was only making token payments while on maternity leave with my son and since had my daughter i'm not currently working. I offered them £20 a month which they refused. The court ordered me to pay £342 a month which no way on earth we can pay. The dca has written to me to send another income & expenditure form as i said this is very upsetting & i have mental health issues. I also had a letter for a court hearing which i'm dreading, i'm going to have to take my children to as have no childcare. What will happen and what if they set an amount i can't afford again.

Suseka97 · 17 June 2018 at 8:48AM

I've no experience of CCJs, but I can't see how any court would order you to pay more than you can afford, if your income and expenditure statement proves you simply don't have the money to do so. I don't know why that might have happened the first time - but if it were me I'd go to court and defend my corner.

fatbelly · 17 June 2018 at 11:47AM

The court hearing will be just you, the judge (normal clothes, many are now female) and a rep from the creditor in a room, not the main court. The aim will be to work out what you can reasonably afford. Stay consistent with what you offer and stick to the figures you have already given, provided they are accurate and reasonable.

Yes, take your children.

If it goes wrong, post here again and we'll have a look at whether there is another way forward.

sourcrates · 17 June 2018 at 1:06PM

As Fatbelly has said, there will be no robes, no main court appearance, just you, the judge, and the creditor rep, who do this kind of thing everyday.

The sole purpose of this meeting is to agree an affordable repayment plan, do not agree to anything you cannot afford, taking the kids will lighten the mood a bit, try not to be fazed by it, stick to what you can realistically offer.

National_Debtline · 18 June 2018 at 11:05AM

Hi there and welcome to MSE,

I agree with sourcrates and fatbelly about the hearing, so please try not to panic. With regard to the offer, it may be worth posting a SOA on here before you go to the hearing and finalise your offer.

Sometimes there can be an issue if your offer is deemed to be unfair or showing preference. Debt are either a priority or non priority based on who the money is owed to, as opposed to how much. So, if you have other credit debts, and they are getting more than this creditor (even though you may owe them less) or if the agreements on those are up to date, but this one default, then that can be deemed as a preference payment, and sometimes that can explain why the court has set the payments higher than your offer.

This can be complicated, because not all debts are equal and if you owe money to a priority debt, then it is understandable they would receive more than a credit debt. You can find the SOA sticky on the DFW board, and hopefully that should help.

Laura
@natdebtline

Redetermination hearing what happens

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