Couple of CCJ's and lots of unsecured debt

[whatarealmess]

Hi all,

 

Found this site over the weekend and have been getting some great advice on another part of the site re a real mess my daughter and her other half have got in over the last few years. I am trying to obtain a solution to her mess from there.

 

In relation to her other half, he has had a couple of CCJ's for £4.5k each about 6 months ago from Halifax and has about £20k outstanding elsewhere.

 

Their plan was to go b/rupt although I have some money available to help them if I can. Now he has made offers to various debt companies and most seem to be playing ball, however I am not sure how to approach the 2 CCJ's he has with Halifax.

 

Can anyone advise me what the process is now the county court have issued a CCJ - can I make an offer, or are these in stone and how do they seek to reclaim them?

 

Thanks for your time.

[the_shadow]

Hi all,

 

Found this site over the weekend and have been getting some great advice on another part of the site re a real mess my daughter and her other half have got in over the last few years. I am trying to obtain a solution to her mess from there.

 

In relation to her other half, he has had a couple of CCJ's for £4.5k each about 6 months ago from Halifax and has about £20k outstanding elsewhere.

 

Their plan was to go b/rupt although I have some money available to help them if I can. Now he has made offers to various debt companies and most seem to be playing ball, however I am not sure how to approach the 2 CCJ's he has with Halifax.

 

Can anyone advise me what the process is now the county court have issued a CCJ - can I make an offer, or are these in stone and how do they seek to reclaim them?

 

Thanks for your time.

 

I believe they are set in stone unless you cannot afford the repayment terms in which case you can apply for to vary the order. I cant see an organisation allowing you to repay less then they have obtained a judgement for in court.

 

If you pay off the full amount of CCJ you can apply to the court for a satisfaction certificate which you then send to the CRA's and they'll mark the entries as satisfied.

 

In any event the CCJ's drop off the CRA's records after 6 years.

 

The alternative if you wish is to attempt to set aside the CCJ, this puts you back at the start of the court claim process where you will need to defend against the claim.

 

S.

[AndyOrch]

Hi Whatarealmess and welcome to CAG

 

What are you looking to do with the CCJs?

Is your daughters other half maintaing a payment to the CCjs?

Are you looking to settle them in full? or vary the payment

Are you looking to have them Set a Side and re defend the claims?

 

Regards

 

Andy

[whatarealmess]

Hi and thanks for your quick response.

 

He has pretty much buried his head on this one and has not done anything since they were issued 6 months ago. He has moved away from that address and has had no further correspondence.

 

I have never really had credit so do not understand some of the terms, just trying to support them both where I can.

 

I am certain he is able to pay some monthly contributions towards these, although did not go to court so I and he are unsure of the way forward.

[the_shadow]

Hi and thanks for your quick response.

 

He has pretty much buried his head on this one and has not done anything since they were issued 6 months ago. He has moved away from that address and has had no further correspondence.

 

I have never really had credit so do not understand some of the terms, just trying to support them both where I can.

 

I am certain he is able to pay some monthly contributions towards these, although did not go to court so I and he are unsure of the way forward.

 

If he has CCJ's and is not paying anything towards them then he is in danger of having some nasty enforcement actions taken against him.

 

He really needs to get this sorted, its more of a priority than the debts that arent CCJ's/court cases at present.

 

Edit: The court should have sent a judgement through which will tell him exactly how much the judge thinks he should be paying. These payments must be kept up to date or until you can apply for a variance if he cant afford the amount the court have set.

 

S.

[whatarealmess]

Thanks people.

 

I totally agree it makes me super nervous for them that they have gone through the court process.

 

I cannot afford the £10k on these 2 CCJ's so any advice on where we can go to strike some sort of agreement ?

 

Grateful for your help.

[whatarealmess]

Sorry thinking out loud after post, he is very difficult to track down and the courts just said pay the balance.

 

All the correspondance will be going to the repossesed house and I think he is on the electoral roll so surely wont take too long to track him.

 

Not sure what nasties they can pull as he is in rented accomodation and self employed. Any fore warning would be helpful though...

 

To be honest I am really helping now as I only found out about this at the weekend and they have a beautiful 6 month old to look after.

[dx100uk]

scuz for asking but how do you know he has CCJ's from halifax is this from CRA file?

 

if so they now know real AD and will be a-knockin'!.

 

you need to get these sorted ASAP, is it just halifax or inthe hands of a dca / sol now?

 

dx

[the_shadow]

Sorry thinking out loud after post, he is very difficult to track down and the courts just said pay the balance.

 

All the correspondance will be going to the repossesed house and I think he is on the electoral roll so surely wont take too long to track him.

 

Not sure what nasties they can pull as he is in rented accomodation and self employed. Any fore warning would be helpful though...

 

To be honest I am really helping now as I only found out about this at the weekend and they have a beautiful 6 month old to look after.

 

Hmm well if they have no property and no assets if the debt is in both their names then possessions can be seized through bailiffs if the creditor goes back to court and advises the CCJ is not being honored, other options are available like making them bankrupt although thats not financially rewarding to the creditors so unlikely.

 

I think if they are not prepared to fight these CCJ's then its apply to vary the order and get installment payments set up.

 

Thats about the limit of my advice I'm afraid.

 

S.

[whatarealmess]

To be honest not sure I really understand the implications or parts of the question

 

He got them whilst he was at his old address (owned and repo'd 2 weeks ago) and did nothing with them. I have seen the CC paperwork and it just says pay them.

 

Happy to answer any additional questions as I am pretty sure I now have full truth - finally

[whatarealmess]

Thanks S - posted before seeing last post.

 

The amounts are about £5k each and they were both on loans that were £200 a month each.

 

I do not think they will ever be able to afford this - any ideas what the likely monthly payments will be ? and how this can be influenced ?

 

They are currently not using bank accounts due to charges etc. so are purely living in a cash society

[AndyOrch]

Ok because no defence was submitted the Judgement was by default and the full amount becomes payable by demand.An application to vary the payment is the way forward usualy known as a redetermination order.However this is usually submitted within 14 days of the judgement via the N245 form,so a set a side would be preferable in this instance.

 

Regards

 

Andy

Edited July 27, 2009 by Andyorch

[whatarealmess]

thanks.

 

silly question but what is a set aside and what does it entail ??

[AndyOrch]

A large number of County Court Judgements, CCJ's, are the result of undefended summonses. Usually because the defendant is unaware of the response needed does nothing, so the court enters a 'Judgement by Default'.

The Central Registry then passes the judgements to the credit agencies. A debt can be paid off but the judgement stays on record because no one asked for it to be 'set aside'. Simply because they did not know that it was necessary.

There are other reasons, detailed later, which the courts will or will not accept to 'set aside' e.g. A defendant can state that they have been making regular payments But not if the payments have been irregular.

 

What you will need:-

 

1. The original summons
   
2. The name of the plaintiff. (The one who took out the summons)
   
3. The name of the court
   
4. The Case Number - Without the case number the courts will not even read an application. If you do not have this, then contact the central registry and ask for details of the judgement and case number. This will cost around £15, paid to the registry.
   

Reasons to apply for the Set a side:-

 

To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible.

 

 

 

 

 

 

 

 

 

 

 

1. Were you given 28 days notice in order to pay?
   
2. Were you living at the address when the summons and judgement took place?
   
3. If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
   
4. Did you receive the summons? They are not sent by recorded mail.
   
5. Maybe you were unable to attend court and defend yourself.
   
6. The judgement should not appear on the credit files if it was paid up within 28 days.
   
7. If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.
   
8. If you did not receive any notification of the judgement/s made against you, then you can appeal.
   
9. Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?
   
10. Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?
    
11. It could have been that you were away from the time between the issue of the summons.
    

To have your judgement set aside you will need to put forward a reason why. You must keep your reason as clear and simple as possible.

 

 

1. Were you given 28 days notice in order to pay?
   
2. Were you living at the address when the summons and judgement took place?
   
3. If you took out a loan or any form of credit were you in receipt of the Default Notice before receiving the summons.
   
4. Did you receive the summons? They are not sent by recorded mail.
   
5. Maybe you were unable to attend court and defend yourself.
   
6. The judgement should not appear on the credit files if it was paid up within 28 days.
   
7. If you agreed to settle 'out of court' with the plaintiff you should not have received a Judgement.
   
8. If you did not receive any notification of the judgement/s made against you, then you can appeal.
   
9. Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?
   
10. Was the summons taken out against both yourself and another person jointly. If this is so, did you both receive your summons?
    
11. It could have been that you were away from the time between the issue of the summons and entry of the judgement?
    
12. Did you receive the summons on time for you to apply to the court. You have 21 days to reply to the court. If the summons was 21 days late then the judgement would have already been taken out against you?
    
13. Did somebody use your name or address to obtain credit, which resulted in a County Court judgement without you knowing?
    

You can use any of the above reasons to have your judgements set aside.

Remember that no correspondence sent by the courts or the plaintiff is ever recorded. In the majority of cases County Court Judgements fail to comply with every detail.

This gives you the chance of having your judgement removed forever.

 

 

Andy

[whatarealmess]

Thank AO..

 

I have just been blown away by the different points.

 

He apparently appealed the first one online, although never filed a defence and did nothing with the second.

 

I dont think the issue is the CCJ itself, so long as he can agree sensible repayment of the debt - he accepts it was his debt.

 

I am just still not sure how best to channel the fac the is willing to start some form of repayment.

 

Thanks so much once again

[AndyOrch]

Then just make application vis a vis the N244 for a redetermination to vary the payment and pay at affordable monthly payments.

 

 

Regards

 

Andy

[whatarealmess]

AO - thanks so much.

 

Will complete this form today.