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Found 5 results

  1. 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
  2. Hi Guys, I have had a lot of debt problems that you have helped me with but managing with the help of the courts to put payment plans in place. Latest one has gone a bit different but this is where I am at now and paying monthly quite happily with judgements: £1600 debt paying £15/month. £8000 debt paying £40/month. £2000 debt paying £20/month. £10000 debt paying £35/month. £9000 debt paying £35/month. All of those were done with a redetermination with a local judge but only once in person. All those monthly payments are up to date. Latest judgement is for £1600 and the lender refused as normal my request so I requested a redetermination as i did with all of the above with my local court counter offering £20/month in line with other payments. I have received a letter today from my local court ordering me to pay £200/monthly starting tomorrow 1st July! Is there anything I can do, can you ask again so to speak? Thanks.
  3. Hi everyone, My wife received a claim for an old (2006-2009) Black Horse Fixed-Sum Loan in mid June. I used MCOL to file the AOS online for 28 days to submit a defence and then stupidly neglected to put a defence in in-time! As a result she received a Judgment in Default a few days ago that states "You have not replied to the claim form" - not correct (AOS submitted in time). Is there any way I can dispute the Judgment as the claim was responded to in time and AOS submitted in time? Can I appeal or try putting in a defence with a letter disputing the Judgment or is this too risky/expensive? If as I suspect I've blown my chance to defend my main concern is making a payment arrangement as not in a position to pay the whole amount so I either need to delay the CCJ date (possibly by transferring top local court/asking for a hearing etc.??) in order to try to get funds together before the 28 days after judgment or I need to change this to a monthly payment scheme somehow. Could someone explain what the options (and deadlines/time limits after judgment) are for: - disputing judgment in default/defending/appealing etc. - delaying actions (even if will still end up with judgment against us it will allow time to clear the ccj before registered) do I have to pay to make an application to the court to vary? or redetermine? not sure what options are available and what is best. - requesting a monthly payment arrangement I have a feeling the deadline is coming up in the next day or so, can anyone help urgently? thanks. gf2k
  4. Hi i have received a ccj, which i was paying every month not missed a payment the claiment now hhas applied to the court for a redeterminaton hearing. Please advise if i have to attend.
  5. A CCJ was issued in the Northampton Clearing centre which agreed an affordable payment. Circumstances have not changed since and are unlikely to improve until March 2013. No payments have been missed, but it will take a long time to clear the debt at the current rate. The bank has requested a redetermination hearing for mid August. Suspect this is with a view to gaining leave to apply for a charging order (restriction) on the property as a next stage after that. Advice for what to do next is appreciated. Just very annoyed that further court charges will be needlessly added on.
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