ccj

[bytor]

Hi folks, I've been glued to this site for hours but now I have a problem that I'd like some advice on. I've looked through the site but can't find any infomation so you'll have to excuse me if this is covered elsewhere.
I have been taken to court by a store card and received a letter from the court asking if I accepted responsibility for the dept which I did and sent it back with an offer of £5 a month because my wife has long term health problems and we're both on benefits. I had a CCJ saying I have to pay £168 a month, totally out of my budget. They seem to have ignored my letter I sent stating our financial situation, I have 16 days to appeal, advice please?

[sarahpp]

did you apply for a variation of payments order from the courts? I think it has to be on this format and it will cost you around £35. I think it is form N245 and you should be able to download it from Her Majesty's Courts Service - Home.

Which storecard was it if you don't mind me asking?

[bytor]

Hi
Thanks for the reply, Debenhams...

[bytor]

By the way, what is a variation of payments order?

[sequenci]

Originally Posted by bytor

By the way, what is a variation of payments order?

it would allow you to change the amount you pay per month.

you will have to show the court your "means" (income & expenditure)

take a look at this: National Debtline England & Wales | Debt Advice | Factsheet 08 Reducing Payments Or Suspending A Bailiffs Warrant On A County Court Judgment

hope this helps

[bytor]

Just read the n245, thats what I sent in when I had the form from the courts asking if a accepted the dept. I was going to appeal and send the courts a more detailed budget form. Any ideas?

[sarahpp]

Originally Posted by bytor

By the way, what is a variation of payments order?

Form N245 is an application for suspension of a warrant and/or variation of an instalment order. It is the official form you have to complete for the court to consider reducing your payments. You have to fill in a means form and send it back to court with a payment. I got mine reduced from about the level you have been asked to pay to £10 per month so, don't despair.

I would guess if it is a Debenhams card your judgment will have been lodged by Cohens on behalf of CL group.

If you send in a Subject Access request to G E finance they should send you your statements, you can then see if they have applied any unlawful charges to the account which you can claim back.

I am in a similar situation and I have sent off my S.A.R - (Subject Access Request) and am awaiting statements.

It may help you to look through some of the other threads about G E money.

Hope this helps

Sarah

[sarahpp]

Originally Posted by bytor

Just read the n245, thats what I sent in when I had the form from the courts asking if a accepted the dept. I was going to appeal and send the courts a more detailed budget form. Any ideas?

That sounds like a good idea. I don't know why your circumstances weren't taken account of in the first place unless it was just an oversight.

[bytor]

Ok thanks, thats very interesting. I have 16 days to appeal so do I need to send in the form n245 with the fee? You're right about the solicitors too.

[sarahpp]

Originally Posted by bytor

Ok thanks, thats very interesting. I have 16 days to appeal so do I need to send in the form n245 with the fee? You're right about the solicitors too.

Yes - I'm not certain how much the fee is though so, you might need to check that.

Good Luck

Sarah

[bytor]

Thanks for your help, I'll ask the courts to waive the fee because we're on benefits.

For a court fee exemption or remission (reduction), you'll have to fill in form EX160.
This needs to be completed and returned to the court with copies of supporting documentation.
Hope this helps.

[bytor]

Yes all infomation helps, thanks!