CCJ Re determination help

[VIENNA]

Hi all,
I have just received a judgment informing me that I have to pay the full amount owed, but I can't afford this. So, should I write to the court and ask for a re determination and an instalment order so that I might be able to pay monthly? My creditor has of course already refused my monthly offer, however........when I first completed my court form I defended part of the claim as my cca request wasn't fullfilled and, although the amount owed was correct, the loan details specified in their poc were incorrect [ hence my cca request ]. Any help appreciated

[sequenci]

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.

what happened with your defended part of claim + cca request?

[Jeff2000]

Hello VIENNA,


You say that you have just received a judgement.

Did you not attend the hearing?

What's the story?



Jeff.

[VIENNA]

Thanks for your replies, I shall be writing to the court shortly.

I never had the opportunity to attend a hearing. Apparently the District Judge made his decision and I have been informed. So I assume this means I now have no way of disputing the case, I can only apply to have the payment method altered? The claim against me was for a loan of an amount and over a period of months that were both incorrect, yet this doesn't seem to matter. No cca was provided, again this was ignored, as were other points in my defence. I'm so annoyed that I don't get a chance to tell my side of the story in court. I previously spoke to the CAB and followed their advice, along with 3 solid weeks of reading and preparing for a hearing, all for nothing.

[gizmo111]

What did you actually put in your defence -if you defended I don't see how a CCJ could have been issued without a hearing.
What paperwork have you received?
Apply for a set aside on the grounds that you have a good chance of successfully defensding the claim against you.

[VIENNA]

Hi,
the only paperwork I have received is headed, "Judgment for Claimant [ after determination ]. It states that the claimant has objected to the payment I offered and therefore the court has decided the rate and so I must make full payment forthwith.
My defence included the fact that the claimants details of the alleged agreement were incorrect and that they had failed to supply a cca to confirm this, also no response to an Subject Access Request, and that I wasn't able to offer a full defence without this info.

[gizmo111]

So did you defend only part of it and admit some? What bit did you make ofer of payment on?

[VIENNA]

Yes, I defended only part because there is a debt, and I admitted an amount owing, which is the amount I made an offer on.

[gizmo111]

And is the CCj is for the amount you admitted or the whole balance

[VIENNA]

It is for the whole balance.

[gizmo111]

Apply for set aside as you disagree with the amount, and never got a chance for your defence to be heard.

[VIENNA]

OK, thanks for the advice.