Hi,

I'm new to the forums but looking for some advice about a debt.

I have an old credit card debt...

.had tried to pay it off before but the company wouldn't agree payments.

It has now gone to court..

..I sent a budget statement with the court form and details of the benefits I receive with an offer of payment.

The offer was turned down by the creditor and the debt now registered as a CCJ

- the court have written saying I must pay monthly almost sixteen times what I offered per month

- absolutely no way I can pay that.

They have my budget statement

- they have details of my benefits so I cannot understand why they have done this and don't know what to do now?

Any advice greatly appreciated.

Thank you

Ask to change the payments

You can ask to change the amount you pay per week or per month.

To do this, fill in the N245 application form.

Give details of your income and spending, and say how much you can realistically afford to pay.

You may have to pay a £50 court fee.

Why did you admit the debt?

Most of these sold debts bought by DCA's are quite defendable

N245 is your only option now I think

Hi,

 

I'm new to the forums but looking for some advice about a debt.

 

I have an old credit card debt....had tried to pay it off before but the company wouldn't agree payments. It has now gone to court....I sent a budget statement with the court form and details of the benefits I receive with an offer of payment. The offer was turned down by the creditor and the debt now registered as a CCJ - the court have written saying I must pay monthly almost sixteen times what I offered per month - absolutely no way I can pay that. They have my budget statement - they have details of my benefits so I cannot understand why they have done this and don't know what to do now? Any advice greatly appreciated. Thank you

Bally disgusting of clerk of court ignoring contents and just passing to judge (who should have common sense too many of those type over paid sat in an office) a formal complaint to the court would be in order if it were me.

give details of the debt when /how long ago, last payment etc pity you did not get here earlier never mind, who took you to court -lowells ??

What date was the CCJ awarded ?

You cant use the N245 as the judgment was already a monthly payment.

Andy

Thanks for all the replies...to answer them all:

1. Oldcogger - if I seriously had £50 I would use to pay for things other than a court fee but I don't have £50 to my name

2. dx100uk - I really wasn't aware that you could not admit to a debt....I would know that now for future reference - thanks

3. Oldcogger - the debt relates back to 2012 and was sold to Arrow/Restons

4. Andyorch - the CCJ was registered on the 8th June and I received the letter on the 12th June

Thank you

EX160 - Apply for help with fees - HMCTS Court and tribunal form finder

fee remission | MoneyClaimsUK

https://www.moneyclaimsuk.co.uk/fee-remission.aspx

The County Court fee remission system is available to those who would have difficulty paying and meet the appropriate criteria.

Apply for help with fees. You may not have to pay a court or tribunal fee, or you may get some money off. gov.uk/help-with-court-fees. Case, claim or 'notice to.

research and see if you would be exempt?

Thank you Bessie for updating.

Okay given that the judgment is recent ..you can apply for a redetermination (reassessment) were you will submit a further I&E and proposed monthly payment...the only difference this time is that it will go before a court...as your previous offer was sent to the claimant and has yet to see the inside of a court room.

You must make this application within 14 days of the date of judgment to incur no fee..after 14 days it will attract an application fee.

Use the N244 Aplication Notice (see the Legal Library) ...but obviously there is no fee required if you get it in time.

Post here is you are unsure how to complete it.

Regards

Andy

Thanks folks.

Bit confused with one person saying to send an N245 and one saying N244...

.which is the correct one please?

I have looked at both...

.as far as I can see the N245 is for variation of payments and the N244 is for a stay of judgement?

Would appreciate knowing which is correct - and how I fill them in please.

Grateful thanks

N244 to request a redetermination...you cant vary a judgment that is already made with a monthly payment.

The N245 is used to vary a forthwith judgment to monthly.

Andy

Just a quick update...

..I have checked today to find out which form I definitely need to complete.

The clerk said if the court already set the monthly payments when the judgement was entered it is the N245 that has to be completed if I am asking the court for a varied order not a redetermination.

She did say that I could apply for a redetermination if I thought that process had not been followed correctly i.e that my income/expenses were not taken into account. Is that what you were meaning Andyorch?

I also need to complete an EX160A which asks for the £50 fee to be waived either way.

Thanks folks!

yes as andyorch correctly stated,

all the forms are in the legal section of our library.

dx

Court staff are not that qualified to advise......its an N244 application for an order for redetermination...free if done within 14 days of the judgment date...clock is ticking whilst you keep checking.

After 14 days it requires a fee £255.

Thank you for the advice..

..was just in a panic with being given different advice.

I have downloaded the N244.

Could you please advise on what I should put on the form..

...it asks for what type of order, draft order,

who needs to be served with it,

what sort of Judge needs to hear it etc

. Have filled in the bits I can already

. Thanks

In box 3 ...simply state that you request a redetermination of the the judgment dated xxxxxxx. The Claimant was provided with your I&E as per the N9a but has decided to totally disregarded it and requested a monthly payment this is inconceivable and unacceptable based on the financial details you provided.

This application has been made within 14 days of the judgment dated and therefore no fee is applicable.

#################################################################

No draft order

Without a hearing

District Judge/ Court Manager

Box 10 attach a copy of the N9a that you originally submitted.

Thanks so much Andyorch - will complete that and send it registered in the morning. Do I need to send more than one copy?

No just 1 copy for the court that issued the judgment...retain a copy for yourself.

A quick update.....

.....sent the N244 to the court requesting redetermination.

In the meantime I received a letter from the creditor today saying they had reviewed my circumstances and realise it may not be possible for me to pay what they requested.........you don't say!! Really!!!

They knew that right from the start but it still didn't stop them insisting on a payment 15 times what I had told them I could afford.

They now want to set up an instalment arrangement to run alongside the court judgement?

Think I should just leave it to the court as the N244 has been sent and they obviously knew I could not pay the amount they requested.

Thanks for your help.

You mean claimant not original creditor I take it?

What was the org credit type and original creditor?

Yes, I did mean claimant

- don't think it matters who the original creditor was,

the debt has been sold on several times before it was taken to court.

It was a credit card debt as I said at the beginning.

might not appear to matter to you...

dx