I have a joint account overdraft debt (First Direct) from 2005 which has been on my Payplan DMP since 2011.
The current DCA (Arrow Global) appointed Restons Solicitors who sent Claim Forms to both me and the other party, my ex.
Payplan sorted my reply offering £1 per month.
I didn't realise that my ex needed to send Acknowledgement of Service and I told him, wrongly,that I had it sorted with my DMP.
The claimant rejected my offer and the court issued me a judgement by determination for £20 per month.
My ex was sent a judgement by default.
(The amounts on the two judgements were different, and on his default judgement it stated he'd paid £1, which he hadn't - it was my £1 from my DMP).
I subsequently applied for a redetermination as I thought we would each submit budgets and he would start his own DMP and we could get the monthly payments reduced.
The redetermination hearing is next Wednesday and states both me and my ex as defendants.
My ex is long term unemployed, on jobseekers allowance and housing benefit.
I am 58, self employed, on a low income and in receipt of working tax credit.
Neither of us has any property, savings, assets, insurances, or anything of value.
The debt is the second smallest on my DMP (total debts £24.8k).
My ex is furious that he now has a CCJ and refuses to attend the hearing and refuses to do a budget.
I feel responsible for sorting out the mess.
My girlfriend has now offered to pay the claimant in full & final short settlement if the claimant will agree that no further liability is due from either party.
Total being claimed is £461.80 plus £107 costs, so £568.80.
After a couple of offers and counter offers, Restons said on 22nd Nov they would accept £422.85. I offered £400.
Restons say they are waiting for Arrow to decide whether to accept my £400 offer.
They're both dragging their feet unnecessarily I feel.
Since it's less than 5 days before the hearing it's too late to apply to "vacate the hearing" so I must attend the hearing, alone.
I need to email the court to tell them of this new development and also include authorisation from my ex.
I want to email the court today or tomorrow latest to tell them about my offer,
also including email from my ex authorising me to do that, also that the delay is down to the claimant.
How should I word my email,
how should my ex word his email,
and since its a redetermination hearing that I applied for,
how will the offer of short settlement affect the hearing especially since my ex won't be there.
I know I ought to have sorted this out sooner but I have ADHD and also long-term depression, which makes life difficult sometimes.
When I originally got into debt, before my DMP, things got so bad that I had a breakdown I'm better now.
I've spent hours and hours looking up civil court procedures, protocols, practice directions, legal processes, advice websites, CAB signposted me to RCJ free advice session and they suggested I attend the hearing with my budget, which I will do.
I just need to know how to handle communicating with the court about the changes, and at this late stage I can't afford to make any more mistakes.
Any relevant advice much appreciated. Many thanks