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manutdfan

unable to attend redetermination hearing help!

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Hi I'm a newbie.. and I need help

Here's my story

 

I received a CCJ earlier this month for a loan of 14K I've had since 2005. never missed a payment until fell into difficulties last year when self employed and contacted the loan co - no help so went with payplan.

I've been paying them through a DMP for 10 months.I have 5 other creditors, (credit cards, overdrafts) . i haven't missed a payment.

 

I am a merchant seaman and was out of the UK, infact I'm not due back til sometime in October. My wife dealt with this in conjunction with payplan.

 

A week after the CCJ, they wrote to say they were applying for charging order,even though i haven't missed a payment, 30 days up 6th August, and now a hearing has been set for redetermination - for 11 aug which they arranged as they are not happy with the judgement, which I won't be able to attend.

My wife called the court on my behalf as I will be at sea. I don't think she will be able to attend on my behalf either, she has eplipesy so can't drive and we have 2 small children and no childcare..

 

The court wants me to set out the reasons why I can't attend so I need some help setting this out as I have no idea of the format.

 

Also, should I try and get the CCJ set aside as I was not able to defend myself, even though payplan assisted and sent in faxed court papers that I had signed...

 

really appreciate any help anyone can give me ..

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Hi sorry i cannot help you im still learning with the court processing i am sure some one with more experience then me will be a long shortley dont worry you will get good help and advice good luck:) welcome to CAG

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Hi I'm a newbie.. and I need help

Here's my story

 

I received a CCJ earlier this month for a loan of 14K I've had since 2005. never missed a payment until fell into difficulties last year when self employed and contacted the loan co - no help so went with payplan.

I've been paying them through a DMP for 10 months.I have 5 other creditors, (credit cards, overdrafts) . i haven't missed a payment.

 

I am a merchant seaman and was out of the UK, infact I'm not due back til sometime in October. My wife dealt with this in conjunction with payplan.

 

A week after the CCJ, they wrote to say they were applying for charging order,even though i haven't missed a payment, 30 days up 6th August, and now a hearing has been set for redetermination - for 11 aug which they arranged as they are not happy with the judgement, which I won't be able to attend.

My wife called the court on my behalf as I will be at sea. I don't think she will be able to attend on my behalf either, she has eplipesy so can't drive and we have 2 small children and no childcare..

 

The court wants me to set out the reasons why I can't attend so I need some help setting this out as I have no idea of the format.

 

Also, should I try and get the CCJ set aside as I was not able to defend myself, even though payplan assisted and sent in faxed court papers that I had signed...

 

really appreciate any help anyone can give me ..

 

Hi Manufan,

 

I dont think there is any set format, you just need to give your reasons to the court in a letter on why you are unavailable, I would think being 1000's of miles away at work would count as a good reason and also why you couldnt possibly teleconference also. If in doubt give the court a ring and ask how they want this presented.

 

You state payplan assisted and you signed court papers, did you defend or admit the claim?

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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How's about this then...

 

Dear Sirs,

 

Case xxxxxxxxxx at xxxxxx county court

 

I wish to advise the court that I will be unable to attend the re-determination hearing due to be held on xx/xx/xxxx, I will be away working at sea on this date and will not be returning to the UK until xx/xx/xxxx. I would respectfully ask that you re-list this hearing for a date after my return where I can represent myself before the court.

 

 

You could seek the other sides agreement to the re-listing prior to sending the above, might help with any costs issues later on if they deny you the ability to represent yourself. If they say no you can always include in the letter above that you requested it from the other side but they declined the offer despite knowing you would be out of the uk.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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Thanks for that,

I was a unsure if I would need a legal representative if I was unable to attend, but I've got a clearer picture now... I've also let 'the other side' know that I won't be there..

Payplan basically handled the CCJ, they emailed me the claim form, marked which needed my attention, then they dealt with the court.. i admitted the claim, and payplan put forward the offer I was paying in the DMP £39.12, but judgement was for £69.00 -

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Thanks for that,

I was a unsure if I would need a legal representative if I was unable to attend, but I've got a clearer picture now... I've also let 'the other side' know that I won't be there..

Payplan basically handled the CCJ, they emailed me the claim form, marked which needed my attention, then they dealt with the court.. i admitted the claim, and payplan put forward the offer I was paying in the DMP £39.12, but judgement was for £69.00 -

 

Ok if you have admitted the claim I'm not sure if you can ask for it to be set aside. Others hopefully will be able to advise better on that aspect.

 

S.


Are You as Anonymous on CAG as You Think You Are? *Link*

 

The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

 

Deal with your debts:

STEP ONE - Dont Panic! | STEP TWO - Priority & Non Priority Debts | STEP THREE - Personal Budget Sheet | STEP FOUR - A SAFE bank Account | STEP FIVE - Dealing with Priority Debts | STEP SIX - Non-priority Debts | STEP SEVEN - Non-Priority Debt-Repayment Opt1 | STEP EIGHT - Non-Priority Debt-Repayment Opt2 | STEP NINE - Perils of Consolidation | STEP TEN - RE-Evaluate Frequently

 

***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****

 

 

IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.

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