Hello, I had a judgment made against me in October, repayments for the CCJ were set really high, more than i earn a month so i applied for a redetermination straight away. I went along to the court for the hearing today and the judge advised that a intrim order had been placed on my old property, i havent lived there for 3 years but my name is still on the mortgage. Anyway the judge adjurned the case today so both the redetermination and the charging order can be heard together. Im really confused as i was told that i didnt have to pay the higher repayment until the redetermination, i continued to pay at my DMP amount. what i dont understand is how they canapply for a charging order before the redetermination, i technically havent missed any payments because it hadnt been heard yet! any advice would be great. ps, there is no value to the property, its in the negative equity stage.

i havent posted for a while on there due to exactly that, confusing info. I did send that letter, also got a copy from here and redetermination is on the 7th. Im very worried about the charging order. Thanks

Please can you advise how i have taken advice from MSE? this is the only site i have recently used - the only site where i have copied letters like th eone on this thread and posted to the courts? Thanks.

Hello, I have my redertermination hearing on Thurday but today i had a letter come in the post from Irwin Mitchell saying they have applied for a charging order against a property which i havent lived at for 3 years, my name is still on the mortgage though. I spoke to the lady on the phone and she was totally disgusting to me, she said she didnt care if that i was going to redetermiantion and they want the £857 a month that the orginal order was for. I just want some advice please, i am really worried about this. the flat they are going for is in negitive equity, i borrowed £97,000 and i had it valued at 85,000 2 months ago. Can they go for a charging order while i am waiting for my retermination? i still have been paying the amount of £78 a month whichi have been paying through cccs for 3 years. Thanks.

Hello, I have read through this thread with disbelief, i posted on here for advice, not for a fight. I DID cancel the dd through the bank and the gym WERE aware that i was paying them through a different account. I phoned the bank and the money was refunded to me, 2 advisors did say it was theft as she did restore the dd without permission. I did give the gym notice to cancel months ago. Anyway they have now sent me to debt recovery, i will have to pay them money i do not owe then i can. Thanks for the help.

its sexual harrassment and its disgusting. i personally would go to the store who should have logged the incident then i'd call the police in. By asking how much you want i'd take a guess that they know that what happened could be taken further and that makes them worried.

I completed 12 months of my contract with a gym but had to cancel my direct debit after this period, they made me give another 3 months notice. I advised Esporta that my bank account was empty and i made payments from another bank. I spoke to a lady on many occassions and she was well aware that i was struggling to pay and why i had to cancel the direct debit. i rec'd a phone call from her on the 25/11 asking me to set the direct debit back up, i declined and she sent me a dd form to fill in, this was not returned to her. Yesterday i rec'd a letter from the bank stating that Esporta had set 2 direct debits up on my bank account and 1 payment was rejected due to lack of funds. i have toda\y had the other amount refunded by the bank. When i called the gym and spoke to her she said that she had set the direct debit up without my authorisation!! is she allowed to do this!? i have incurred high charges from the bank. I have wrote a letter of complaint and im not paying them a penny, i personally feel like she has violated any kind of commitment i had with them, seriously can someone set up a direct debit after you have told them no and have not given them any kind of authorisation? I hope someone can help me.

I completed 12 months of my contract with esporta but had to cancel my direct debit after this period, they made me give another 3 months notice. I advised Esporta that my bank account was empty and i made payments from another bank. I spoke to a lady on many occassions and she was well aware that i was struggling to pay and why i had to cancel the direct debit. i rec'd a phone call from her on the 25/11 asking me to set the direct debit back up, i declined and she sent me a dd form to fill in, this was not returned to her. Yesterday i rec'd a letter from the bank stating that Esporta had set 2 direct debits up on my bank account but the payment was rejected due to lack of funds. When i called the gym and spoke to her she said that she had set the direct debit up without my authorisation!! is she allowed to do this!? i have incurred high charges from the bank. I had wrote a letter of complaint and im not paying them a penny, i personally feel like she has violated any kind of commitment i had with them, seriously can someone set up a direct debit after you have told them no and have not given them any kind of authorisation? I hope someone can help me.

i have spoke to someone on money saving expert who has advised that i dont need to pay the fee of £35 for the re-determination as i was given a fair hearing, here is the letter below. is this correct? do i send the letter below and also the N245? i'm getting very confused. i also have the claim forms and the judgment letter to put on here, can someone advise me how? To the Court Manager: REDETERMINATION UNDER RULE 14.13 CPR I apply for this matter to be reconsidered (redetermined under Rule 14.13 of the Civil Procedure Rules). Under rule 14.13 there is no court fee to make this application. I am unable to pay the full Judgment instalment as ordered on (insert date of order) and submit that this has been set an unrealistic amount. I request the Court reconsiders the Judgment. To assist I enclose an up to date financial statement and list of other unsecured debts, which have been provided to me by the Consumer Credit Counselling Service (CCCS)/CAB/National Debtline (delete as applicable). As you can see my budget shows I have £…. surplus/ £…. deficit after essential living costs and also have (insert number of creditors in total). Given my circumstances and considering my finances as a whole I am able to offer £…. .monthly instalment and request the court set the Judgment at this amount. Under rule 14.13 of the CPR it is clear that because the Judgement was granted without a hearing I am entitled to have this redetermined and if necessary transferred to my local county court. My application is also compliant with the time limit as it falls within the 14 days from the original order. I look forward to hearing from you. Yours faithfully, Name

thanks for the help, i'll upload tomorrow. Do i write to the court asking for a re-determination and ask for it to be transfered to where i live? national debt said this is the 1st step to take, write a letter to the courts with my budget etc. They never mentioned the form which you say i need.

i stupidly didnt copy the forms, all i have is the delivery proof and copies of budgets. i just paniced and sent everything off that was requested by them. i feel like an idiot now. The form i sent back didnt have much information on because i had attached everything requested on other sheets of paper.

im really worried now. i sent the forms back them by recorded delivery straight away, i sent them my budget and creditors list. i earn a low wage and cant afford this. the forms state to send back to Irwin Mitchell and not the courts. where do i go from here?

i have a scanner but will need someone to help me with it tomorrow, my sister will post it on here then. The 1st form i got stated ' if you agree with all og the claim and are asking for time to pay complete the admission form (N9a) and send it direct to the claimant. Do not send a copy to the court'. I did this and today i rec'd Judgement for Claiment (after determination). The claiment has objected to the rate of pyment you offered. the court has therefore decided the rate which you should pay. £857.86 per month. do i just write to the courts now and explain that i cant pay this? i spoke to National debtline who advised that this is all i need to do now, explain that i cant pay these monthly payments.

When you have get the court forms about the debt you have to return them to them, not the courts. the forms clearly state this. Had written in big bold writing, ive just checked the forms i got about being taken to court and it states to sent to Irwin mitchell and not the courts. is this not correct?

yes i sent in everything, i use CCCS so i sent my budget and list of creditors on seperate sheets of paper, i wonder if irwin Mitchell removed all of these before sending it to the courts.

Hello, I was sent forms from Northampton county court for a debt owed to Natwest, i admitted the debt and sent the forms back. Today a letter came from them....wanting me to make monthly payments of £857 a month! I dont earn this much a month! im a single mother, i earn £803 a month, are they expecting me to not eat, pay bills, survive?! Im totally gobsmacked and i dont know what to do now, i cant pay this! I had offered £87 a month, which Natwest have declined. Please can someone help me, the letter states i have 16 days to contest but doesnt say anthing else, half of the page has been cut off! help me please!