CCJ help please - late filling in form and cannot afford what they want.

Samphire · 11th April 2007, 15:26

I recieved a CCJ letter, unfortunalty I was late filling it in due to it being in a pile of bills that I had not opened

I filled it in last week and sent it back, approx two weeks late. Today I have recieved a letter from the court saying I have to pay £87 per month. I do not have that, on the form I sent back I was offering £5 a month (Its Link).

What do I do? can I call the court and explain I was late sending it back and had put a £5 offer in, or do they stick with the one they have sent which I cannot pay and will lead to balifs ect

sequenci · 11th April 2007, 16:16

you could write to the court with a letter containing:

you would like a re-determination of the rate of payment
why you want it (you cannot afford the current payments)
whether you would like a hearing
you'll need to include the parties, court reference, full name of applicant
attach a financial statement showing your offer

you can only have a re-determination if the original rate of payment was determined without a hearing. You need to write within 14 days.

you could also use a form called n244 to do this but from experience they usually prefer a letter as some courts get confused when they receive an n244 form without the fee.

If there was already a hearing for the determination you would need to apply for a variation, these cost £35 (or free if on low income) and the form is n245.

more info about doing this here:

National Debtline England & Wales | Debt Advice | Factsheet 08 Reducing Payments Or Suspending A Bailiffs Warrant On A County Court Judgment

Samphire · 11th April 2007, 16:21

Thank you for that information.

yaffsimone1 · 11th April 2007, 16:34

Im not sure that telling the court you was late filling it in because it was sitting amongst un-opened bills will help. If it wasnt send recorded delivery can you tell them you just didnt receive it in time. This might sway them.

Samphire · 11th April 2007, 19:02

Thanks Yaffsimone1, I will do that, will say I was away from home.

Samphire · 12th April 2007, 23:06

Well, this one is really scaring me, have read a few posts on Link and am now scared. Going to have to read the paperwork they sent me back through now and see what my options are. So far all I can remember through the blur are see £65 quoted for appealing it. Going to have to find what the debt is and what my options are.

sequenci · 13th April 2007, 09:36

you cannot appeal it.

re-determination is what you need.

dannyboy660 · 13th April 2007, 09:43

http://www.hmcourts-service.gov.uk/c.../n245_0204.pdf

That might be what you need.

There is a fee 65(?) I think, but you can apply on line.

Her Majesty's Courts Service - Home

or

https://www.hmcourts-service.gov.uk/...online/Home.go

All the best.

dannyboy660 · 13th April 2007, 09:47

...and don't worry about it.

Courts and court staff are human too....they can be surprisingly sympathetic.

sequenci · 13th April 2007, 09:57

n245 is for a variation, the fee is £35

as i said earlier, you could have a re-determination if within 14 days, for free.

dannyboy660 · 13th April 2007, 10:45

Quote:

Originally Posted by sequenci

n245 is for a variation, the fee is £35

as i said earlier, you could have a re-determination if within 14 days, for free.

Sounds like a very good idea - but can we make the 14 day deadline.........

Samphire · 14th April 2007, 13:37

I will be filling it all in tonight and posting on Monday. I am going to see if they will let me do it without the £35 payment as I just do not have the money to pay it. Half expecting HSBC c.card to take money off me. Do you know if my account is in the over draft, can they take my payment off me?

Samphire · 14th May 2007, 17:16

Well, did the re-determination and the court have accpeted my five pounds a month. Link have called twice and I ... yes me lol answered the phone. Getting good at that now, told them the court paper work should be with them soon and I am paying £5 a month. I will send payment and a letter asking them to confirm that interest will be stopped as it is under the amount that interest can be charged on and I look forward to a positive relationship with them over the rest of my lifetime

yaffsimone1 · 14th May 2007, 17:32

Did they do the re-determination without the court fee?

yaffsimone1 · 14th May 2007, 17:33

I was under the impression that once it has gone to court they cannot charge anymore interest. The judgement is for a set figure and wont go up

Samphire · 14th May 2007, 17:52

Just checked my bank account and they appear to have cashed the cheque. I had not replied in time so they had set the £87 themselves which was what I was asking them to reconsider. I was under that impression to with the interest, but I just want confirmation off them and regular statements.

Just wish I had found the site before it got to the court stage as I would have CCA'ed them and Subject Access Request'ed them. Oh well

powelll · 14th May 2007, 18:07

Quote:

Originally Posted by Samphire

I will be filling it all in tonight and posting on Monday. I am going to see if they will let me do it without the £35 payment as I just do not have the money to pay it. Half expecting HSBC c.card to take money off me. Do you know if my account is in the over draft, can they take my payment off me?

If you have debt with your current account bank ( loan, credit card, overdraft ) I would recommend you move banks ASAP to somewhere you don't owe money. Your bank has something called the first right of offset against your funds so e.g. they can take their credit card payment even if it means bouncing a rent DD.

If you have probs with your credit ref. file you should be asking for a Basic Bank account - lots of the big names offer these and you shouldn't be credit checked although ( certainly from what Yaffsimone has told me ) some of them are doing this. If there's a specific bank you would consider going to let me know & I can check if they do offer a BBA.

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