ordered to pay forthwith

[stunner1901]

i set up a courier business as a sole trader and had a fuel account with a local garage. i accrued 3000 worth of debt and due to bad payers i haven't been able to clear. solicitors wanted 500 a month min and it ended up with a summons. i offered 50 a month although i could realistically afford more. sent form back to solicitor and yesterfay received a letter from court saying "in front of a proper officer of the court you are ordered to pay 4000 forthwith". why have they not took my finanial circumstances into consideration and what should i do next?

any help much appreciated

[Hippy-chick]

Hi stunner.

 

I'm wanting to be absolutely clear about what you are saying.

 

Has this gone to court? And you did not go to defend it?

 

What did you put on the form to the solicitor? What happened then?

 

Sorry for all the questions, but until we're sure of what you're saying it's hard to help.

[stunner1901]

Here goes

 

The solicitors tried to get full payment and i offered 500/month even though i couldn't have afforded it. They declined threatening legal action.

 

I said go to court - I have had ccj's in the past and thought i will be able to offer a realistic offer - I was wrong!

 

THe summons came through and i filled in the admission form and sent it to the solicitors offering 50/month

 

I heard nothing for a month and on saturday a letter came from the court

 

"in front of a proper officer of the court you are ordered to pay the full balance forthwith"

 

I never received notification of any hearing and can't understand why it is such a difference. If they had said 150-200 a month i could have lived with that

 

Why haven't they took my financial situation into consideration?

 

What do i do next?

 

Regards

[Guest Fallenangel]

Hi we were issued with a forthwith judgement last year on a debt of £2300. My hubby took legal advice on the day the letter informing us of the judgement arrived, and that was to get a form N245 in to the court ASAP. We originally offered £50 per month and it was rejected. We sent the N245 back the same day and got a judgement in our favour to pay the £50. Although it cost us £35 to submit the N245, in some circumstances its free. You could alternatively, ask for a redetermination of the judgement, but I only have experience of the judgement we dealt with last year.

 

FA x

[sequenci]

When was the court order?

 

You can request a redetermination within 14 days, if you request it in writing there is no cost.

 

After 14 days then a variation application via the n245 as aforementioned is the way to go.

 

Are you in rented or mortgaged accomodation?

[Guest ChloeJane]

Hi,

 

As Sequenci said...or here are the links for the N245.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n245_0204.pdf

[NitrousOxide]

Hi,

I think your error was sending the forms back to the solicitor and not the court. It looks as though they did not send them on.

[sequenci]

Hi,

I think your error was sending the forms back to the solicitor and not the court. It looks as though they did not send them on.

 

Very likely.

[stunner1901]

Hi

 

Thanks for answers

 

I am in rented accomodation

 

Still got 6/7 days to request redetermination

 

I sent to solicitors on letter from court it says claimant rejected offer

 

Not surprised they wanted all in one go

 

I am just surprised as i thought a court always favoured the defendent and passed judgement based on income

[sequenci]

 

I am just surprised as i thought a court always favoured the defendent and passed judgement based on income

 

did you send the paperwork to the court as well as the solicitor?

[stunner1901]

No just the solicitor as that's what it said on the form and to be honest it's been a while and i thought that it was sent to the court and perhaps the system had changed

[sillygirl1]

Next time deal directly with the court, solicitors don't always act as promptly as they should.

[sequenci]

The court would not have had any indication that you wanted instalments since the creditor would not have let them know. if you get your re-determination request off to the court ASAP you should hopefully get reasonable instalments sorted.

[stunner1901]

Thanks that would explain why they rejected my offer. Are the solicitors not obloged to inform court of offer though?

[sequenci]

Thanks that would explain why they rejected my offer. Are the solicitors not obloged to inform court of offer though?

 

what they are supposed to do and what they actually do are two seperate entities.

 

You need to be real quick with your re-determination request, once the 14 days are up the judgment would be in default and they could choose to enforce it.

[stunner1901]

Many thanks one final question - Is there an example re-determination letter available online?

 

Thanks again

[sequenci]

I'm not sure.

 

You letter has to include the following

 

• The fact that you would like a re-determination of the rate of payment
  
• The reason as to why you want to
  
• Whether you would like a hearing (you really do!)
  
• Information on the parties, the court reference number and your full name
  
• attached evidence such as a budget sheet etc

[Guest Fallenangel]

Date,,,,,,,,

 

 

The Court Manager

 

CLAIM NUMBER:

 

To the Court Manager:

 

REDETERMINATION UNDER RULE 14.13CPR

 

I apply for this matter to be reconsidered (redetermination under Rule 14.13 of of the Civil Procedures Rules) Under rule 14.13 there is no court fee to make this application.

 

I am unable to pay the full Judgment forthwith/instalment as ordered on (insert date) 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.

 

As you can see my budget shows I have £..... surplus / £.... defecit 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 instalments and request the Court set the Judgment

at this amount.

 

Under rule 14.13 of the CPR it is clear that because the Judgment was granted without a hearing I am entitled to have this redetermination 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