ccj payment is unrealistic!!

[wonderwomen83]

Hello,

 

I was sent forms from Northampton county court for a debt owed to Natwest, i admitted the debt and sent the forms back.

 

Today a letter came from them....wanting me to make monthly payments of £857 a month! I dont earn this much a month! im a single mother, i earn £803 a month, are they expecting me to not eat, pay bills, survive?!

 

Im totally gobsmacked and i dont know what to do now, i cant pay this! I had offered £87 a month, which Natwest have declined.

 

Please can someone help me, the letter states i have 16 days to contest but doesnt say anthing else, half of the page has been cut off!

 

help me please!

[debtinfo]

when you sent the forms back the first time did you fill i anything about your income and expenditure

[wonderwomen83]

yes i sent in everything, i use CCCS so i sent my budget and list of creditors on seperate sheets of paper, i wonder if irwin Mitchell removed all of these before sending it to the courts.

[gezwee]

yes i sent in everything, i use CCCS so i sent my budget and list of creditors on seperate sheets of paper, i wonder if irwin Mitchell removed all of these before sending it to the courts.

 

I'm confused, did you send your response to Irwin Mitchell and not the court?

[Ell-enn]

Did Irwin Mitchell tell you to send the court forms back to them????

[wonderwomen83]

When you have get the court forms about the debt you have to return them to them, not the courts. the forms clearly state this. Had written in big bold writing, ive just checked the forms i got about being taken to court and it states to sent to Irwin mitchell and not the courts. is this not correct?

[gezwee]

When you have get the court forms about the debt you have to return them to them, not the courts. the forms clearly state this. Had written in big bold writing, ive just checked the forms i got about being taken to court and it states to sent to Irwin mitchell and not the courts. is this not correct?

 

 

Nope, that would not be correct....... Ell-en has taken an interest and I am sure you will receive some very sound advice.

[pompeyfaith]

No all court forms go back to the court and they contact irwin mitchell

 

When you have get the court forms about the debt you have to return them to them, not the courts. the forms clearly state this.

 

If they put the above quote on the form they are in big trouble

[Ell-enn]

That's definitely out of order, when you get a claim form and fill in the response it should go back to the court not to the Claimant. Do you have a scanner? if so can you post up the claim form (remove your name and claim number and anything that can identify you).

 

You will need to send an N245 to the court asking for the judement to be varied to an affordable amount. You also need to complain to the court about Irwin Mitchell's behaviour. We can help you with that.

 

What they have done is not forwarded your response to the court and have got judgement by default - despicable !

 

Don't panic - you are NOT going to have to pay that amount each month !!

[pompeyfaith]

And also lodge a complaint with the SRA as they have broken the SRA code of conduct.

 

PF

[wonderwomen83]

i have a scanner but will need someone to help me with it tomorrow, my sister will post it on here then.

 

The 1st form i got stated ' if you agree with all og the claim and are asking for time to pay complete the admission form (N9a) and send it direct to the claimant. Do not send a copy to the court'.

 

I did this and today i rec'd Judgement for Claiment (after determination). The claiment has objected to the rate of pyment you offered. the court has therefore decided the rate which you should pay. £857.86 per month.

 

do i just write to the courts now and explain that i cant pay this? i spoke to National debtline who advised that this is all i need to do now, explain that i cant pay these monthly payments.

[pompeyfaith]

The Law Society - Find a solicitor

[Ell-enn]

You need to fill in a N245 form and send it to the court - we can help you with that but we really need to see the claim form which states you should send the form back to IM.

[wonderwomen83]

im really worried now. i sent the forms back them by recorded delivery straight away, i sent them my budget and creditors list. i earn a low wage and cant afford this. the forms state to send back to Irwin Mitchell and not the courts. where do i go from here?

[Ell-enn]

See my posts above. Did you keep a copy of everything you sent to them?

[wonderwomen83]

i stupidly didnt copy the forms, all i have is the delivery proof and copies of budgets. i just paniced and sent everything off that was requested by them. i feel like an idiot now. The form i sent back didnt have much information on because i had attached everything requested on other sheets of paper.

[Ell-enn]

OK, see if you can get the claim form uploaded onto here and we'll take it from there.

 

Please don't worry about having to pay the amount they state - you have the right to ask for it to be reduced and your income and expenditure will back that up.

[wonderwomen83]

thanks for the help, i'll upload tomorrow.

 

Do i write to the court asking for a re-determination and ask for it to be transfered to where i live? national debt said this is the 1st step to take, write a letter to the courts with my budget etc. They never mentioned the form which you say i need.

[Ell-enn]

Let's wait till we've seen the claim form - we can advise further then.

[wonderwomen83]

i have spoke to someone on money saving expert who has advised that i dont need to pay the fee of £35 for the re-determination as i was given a fair hearing, here is the letter below. is this correct? do i send the letter below and also the N245? i'm getting very confused. i also have the claim forms and the judgment letter to put on here, can someone advise me how?

 

To the Court Manager:

 

REDETERMINATION UNDER RULE 14.13 CPR

 

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

 

I am unable to pay the full Judgment instalment as ordered on (insert date of order) 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, which have been provided to me by the Consumer Credit Counselling Service (CCCS)/CAB/National Debtline (delete as applicable).

 

As you can see my budget shows I have £…. surplus/ £…. deficit 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 instalment and request the court set the Judgment at this amount.

 

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

Edited October 18, 2009 by wonderwomen83

[wonderwomen83]

Hello,

 

I have my redertermination hearing on Thurday but today i had a letter come in the post from Irwin Mitchell saying they have applied for a charging order against a property which i havent lived at for 3 years, my name is still on the mortgage though.

 

I spoke to the lady on the phone and she was totally disgusting to me, she said she didnt care if that i was going to redetermiantion and they want the £857 a month that the orginal order was for.

 

I just want some advice please, i am really worried about this. the flat they are going for is in negitive equity, i borrowed £97,000 and i had it valued at 85,000 2 months ago.

 

Can they go for a charging order while i am waiting for my retermination? i still have been paying the amount of £78 a month whichi have been paying through cccs for 3 years.

 

Thanks.

[Surfer01]

You have been given good advice on this forum, but for whatever reason you have chosen to ignored it and have taken advice from MSE. This seems to have crfeated some confusion. I suggest that you either use CAG or MSE to avoid mixing up advice. There are many Caggers who can offer good solid advice. From my own experience I no longer post on MSE due to conflicting and incorrect advice by some people on the forum.

[wonderwomen83]

Please can you advise how i have taken advice from MSE? this is the only site i have recently used - the only site where i have copied letters like th eone on this thread and posted to the courts?

 

Thanks.

[Surfer01]

Please can you advise how i have taken advice from MSE? this is the only site i have recently used - the only site where i have copied letters like th eone on this thread and posted to the courts?

 

Thanks.

 

Your post #20 on this thread

[wonderwomen83]

i havent posted for a while on there due to exactly that, confusing info.

 

I did send that letter, also got a copy from here and redetermination is on the 7th. Im very worried about the charging order.

 

Thanks