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Court Judgement ordered to pay more than I can


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Hello to all

I need some advice on this. I received a county court order regarding a Capital One Account. I didn't dispute the debt but filled in the admission form and sent a financial statement offering to pay £10 per month for the timebeing (it's a £1,000 debt). I've just had the judgement back and it says the company disputed the amount offered and the judgement is to pay £100 per month. There is no way I can afford this and if I tried I think it would send me under-Do I have any recourse to reduced the payment set bt the court.

as a side question-on my financial statement I've included my husbands earnings even though really this is a personal debt and nothing to do with him really-would it have been better just to have my earnings on it and just halved the outgoings rather than including everything?

I've tried phoning the solicitors and court today but there is noone there. I feel sick with worry about this

Any help would be appreciated

Den

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Hello to all

I need some advice on this. I received a county court order regarding a Capital One Account. I didn't dispute the debt but filled in the admission form and sent a financial statement offering to pay £10 per month for the timebeing (it's a £1,000 debt). I've just had the judgement back and it says the company disputed the amount offered and the judgement is to pay £100 per month. There is no way I can afford this and if I tried I think it would send me under-Do I have any recourse to reduced the payment set bt the court.

as a side question-on my financial statement I've included my husbands earnings even though really this is a personal debt and nothing to do with him really-would it have been better just to have my earnings on it and just halved the outgoings rather than including everything?

I've tried phoning the solicitors and court today but there is noone there. I feel sick with worry about this

Any help would be appreciated

Den

 

Any reason why you don't dispute the debt....is there a valid Original Agreement then?

 

The Judge wouldn't make you pay more than you could afford. I suspect they would have combined the wages, despite it being 'your' debt. The fact that he's your husband means it's got everything to do with him :-(

Just hate every DCA out there

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I have already combined the two wages myself on the Financial Statment. the £10 offer of payment was after combining the two wages and taking the outgoings and debts of and then making a pro rata offer. I haven't put anything unreasonable down just valid living expenses/food/clothes/transport/childcare/cleaning and toiletries-This is why I was surprised at the £100 claim-why would the judge do this when it's plain I can't afford this?

Denise

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Did you attend Court. Unfortunately, if you are not present to be questioned by the judge as to your available income, they can, and often do, take the easy way out and agree with the plaintiffs' request.

 

As asked above, did you not CCA Cap. 1, as this would normally be the first step rather than just admit the debt straight away.

 

You can apply to have the judgement set aside, but once you have admitted the debt, this is very hard.

 

I think you would need to apply to the court for a variation in order for the amount of payment to be re-considered and it would be best if you went to the Court.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Hi there, you can ask for the amount to be varied by sending in an N245 form. I have affixed one to this post.

 

However, if you don't pay the £100 per month the claimant will ask for a warrant of execution - that means it will be transferred to your local court and they will send you a letter telling you that the warrant has been issued. At this point you can send (or take) the N245 to your local court and have it dealt with there - usually a better idea as Northampton just deal with things robot fashion:rolleyes:. There is a fee of £35.00 for the N245.

 

It's up to you if you want to wait until it's transferred or take your chance with Northampton.

 

Ell-enn

n245_0204.pdf

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I know this is too late for you, but if, as a matter of course you had defended the case it would have automatically been referred to your local Court where it would have been much easier to get help and attend.

 

My sister did exactly as you did, received from Northampton, was very ill, did not defend or admit and it was automatically granted as a 'win' for the plaintiff (DCA). She has since had it varied down to £1 per month so it is worth pursuing.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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CCj's issued at Northampton areuntouched by human hands. It's all automated. It's only when you respond that people get involved. Any defense is automatically transferred to the defendants local court. If someone doesn't defend or doesn't attend what can they expect. It is never too late to put this right but it just goes to show what happens when we let things slip. If we then still choose to let things slip it can get very nasty with bailiffs etc.

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Rather than just leaving it, why not write to Capital One explaining that you can't afford the £100 a month and that you stand by your original statement to the court - including your monthly expenses / income statement. Make it clear you want to make repayments, but you have to be sensible with the level of payments that you agree to and not over commit yourself. Finally, say that if you are unable to reach a new agreement with them you will be left with no choice but to apply for a variation order with the courts, but that you wish to avoid this route if possible.

 

This approach can only help you when you do actually apply for the variation order. Just sitting back and doing nothing won't help, or make you look good in the eyes of the judge.

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Any reason why you don't dispute the debt....is there a valid Original Agreement then?

 

The Judge wouldn't make you pay more than you could afford. I suspect they would have combined the wages, despite it being 'your' debt. The fact that he's your husband means it's got everything to do with him :-(

 

Hi, can you clarify this quote for me please? As far as I know husbands/partners are not liable for their spouses debt and are not legally obliged to offer payment towards them?

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If a judgement has been made then a variation order has to be applied for rather than relying on a letter sent to the claimant.

 

I think it's a grey area on what to include on a financial statement. I've had conflicting advice and the mainstream (CAB and advisory services) seem to say you have to put the household income.

 

I've never held that view and you should only go on what money you have and not what your OH/spouse has or earns. Purely because you have no right to disclose his personal info. without his knowledge and why would he give permission for it to be used when it's your debt?

 

The same applies if one person claims benefits but has a partner living with them. There is nothing to say that an unmarried person should pay anything to another to support them.

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Thanks for all of the advice so far. Obviuosly I've got to do something tomorrow when I can make phone calls. I'm still slightly confused. I don't like the idea of waiting for a warrant but obviously I'd like it transferred to a local court just in case I have to attend. Could I send in the form pay the £35 and also ask for it to be transferred to a local court.

I'm also still no clearer about where the £100 payment came from-did thay just apply for it and it was accepted-what was the arguement considering they had the acknowledgement form and financial statement?

 

I did CCA them but to be honest I didn't know what to do with it and I had problems loading it onto this site.The minute I requested it they started court proceedings so i ran out of time really-hence the acknowledgement. I guess I gave up the fight as I didn't know what to do with it. Feel sick about it now

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Thanks for all of the advice so far. Obviuosly I've got to do something tomorrow when I can make phone calls. I'm still slightly confused. I don't like the idea of waiting for a warrant but obviously I'd like it transferred to a local court just in case I have to attend. Could I send in the form pay the £35 and also ask for it to be transferred to a local court.

I'm also still no clearer about where the £100 payment came from-did thay just apply for it and it was accepted-what was the arguement considering they had the acknowledgement form and financial statement?

 

I did CCA them but to be honest I didn't know what to do with it and I had problems loading it onto this site.The minute I requested it they started court proceedings so i ran out of time really-hence the acknowledgement. I guess I gave up the fight as I didn't know what to do with it. Feel sick about it now

 

That to me certainly suggests they don't hold a valid agreement.

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It won't get transferred unless you don't pay and it gets sent to your local court for a warrant or if you apply for a hearing (costs £75.00).

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It's worth getting a hearing and you may be able to have the costs waived. I had one a few years ago after I offered £5 per month (always offer the mininum you can absolutely maintain in the long term allowing for all circumstances) but they wanted £100+.

 

I turned up at the hearing armed with a income/expenditure statement for myself only and didn't include my partners. The judge accepted that is was reasonable for just my income and household contribution to be looked over and he ruled that payments should be £20 per month, which I expected but was a lot less than the creditor asked for . I did get told off by him for using the SOA from National Debtline as he asked how he was supposed to make sense of it and acted as though he'd never seen a SOA before, which I find hard to believe unless he lives under a rock.

 

Make sure it is your local court as my postcode always leads them to one miles away although there is one a stones throw away from me that has juristiction.

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I quite agree about the income. When applying for a loan several years ago they refused to take my husband's income into account unless we made a joint application. I didn't as I am very independant. Why should they magically then be able to take it into account when it suits them, in court?

Elsa x

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

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I've just spoken to the court help desk who were very helpful actually. Apparently I can appeal. You have 21 days from the judgement date to write in and appeal the ammount and send in an income/expenditure form agian. I was thinking about sending on a joint one and a single one just so all bases covered but i don't want to confuse the judge. If that then fails then you can still go down the other routes-I'll let everyone know what happens.

Den

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There is a very useful template you can use in our templates section. It is in Microsoft Excel and can be down loaded and filled in on your computer and pretty much covers everything. Hope you find it useful.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Affixed is the budget sheet we use.

 

If I were you I'd only fill it in with your income as it's not a joint debt.

Budget Sheet.xls

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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