Hi ccj court question :)

[Fiscalawareness]

hi everyone

 

This is a follow on from a old trade account with howdens that is have

 

i owed £2600 pounds and was sent court paperwork to complete becuase howdens were going for a ccj.

 

I did not do my normal process ( im a fool ) and rang howdens and offered them a payment of £100 a month to pay off the amount. I thought they would be the same as the other debts i had.

 

they siad they will only except payments of £666 a month or they would see me in court.

 

I had no choice so made the payment of the first £666. in July

 

I did not return the court paperwork thinking that the court case was ended.

 

I could not pay the following month August and recived a letter asking for payment, i waited until the end of the month to get more rent in but recieved a letter from the court saying i had been supplied a CCJ.

 

My question is, can someone take a payment and then turn up in court amd change all the details on the claim ie the amount owed. without anyone contacting me and saying the case date and time and allowing me to put in a defence.

 

When i paid £666. does this not mean another court date would need to be set with the new amount.Or at least new details on whats owed sent to me.

 

I have a set aside for this week , not sure if its worth continueing with it.

 

cheers for your advice James

Edited January 31, 2010 by Fiscalawareness
poor grammer

[palomino]

My question is, can someone take a payment and then turn up in court amd change all the details on the claim ie the amount owed. without anyone contacting me and saying the case date and time and allowing me to put in a defence.

 

If you don't give notice that you are defending the case, then Yes they can.

You should have defended it I'm afraid.

[BlurredFX]

You should have defended it I'm afraid.

 

Well yes, clearly!

 

However, I think that there may be grounds for applying for the CCJ to be set-aside - especially if you have been maintaining payments.

 

I think that you could argue that you had come to an agreement with the Claimant and they agreed to suspend the action, and then acted in a vexatious manner by pursuing the CCJ. But then you did miss a payment...

 

Do you have any other threads relating to this?

 

Does the CCJ reflect the £666 paid?

 

They have acted unreasonably by demanding £666, unless they have had an income/expenditure schedule from you.

 

What has gone in writing between you and them?

 

More questions than answers, I admit, but there might be something in it.

 

How did you get the set-aside hearing in the first place?

 

Blurred:-)

[Fiscalawareness]

Thnaks for the info, i got the set aside becuase i told them the truth.

 

I did not respond to the court case becuase i asked Howdens if the £666 payment would stop the court case and they siad it would.

 

I told howdens that i could not afford to pay the £666 and that my income exp had been created and that it showed i could only afford £100 as i have other creditors.

 

They stated it was not policy to accept anything over 4 months and i would have to go to court.

 

I have proof that i have written to all my other debts with a income exp.

 

Also becuase they never supplied me a court date or any further info including the new case details i could not go back and put in a defence.

 

The CCJ shows my paid amount, do they not have to resubmit a new amount to the court and inform me that a date has been set.

 

If they dont, surley the court needs to at least tell me the court date and that it is going ahead.

 

They stated they did not want a income exp at that thbye would onlt execept and set payment.

 

I missed my 4th payment and it went to court on the 27th. thats less then a month after my missed payment,

 

Finally becuase they stated they case would not go ahead i did not apply for a payment plan thats fair and reasonable and ended up with a forthwith payment form the court.

 

My arguments will be

1. I was misled into not defending by comments made by howdens that the case would be dropped
   
2. I never recieved a court date
   
3. Howdens refused my set I/e that i sent every other debt
   
4. Howdens did not consider fair and reasonable payments
   
5. Howdens entered into a payment scheme that did mot support other debt payments and put my mortage at risk.
   
6. I was unable to defend the amount stated and check for charges and interest calculations
   
7. I was unable to set up a fair and reasonable payment scheme with the court
   

The set aside is for wednesday this week, the way i look at it, if i lose i end up with some costs and a learning curve. If i win i end up with some time to pay iff the debt before a new CCJ case is set and then 28 days to find the remaining amount.

 

I think ive got a 20/80 chance so wish me luck lol

 

any thoughts James

 

 

Unfortunatly i did not write to them like i did everyone else, odd isnt it the only one i dont follow my set guidlines to takes me to court lol

[diddydicky]

why not just apply for an order for monthly payments from the court

 

after all you admitted the debt by making the payment so what purpose would the set aside acheive?

 

if you pay the ccj within 28 days it will not be recorded on your credit file

[BlurredFX]

Thnaks for the info, i got the set aside becuase i told them the truth.

 

WINNER!!!!!!!! That just makes it so simple.

 

I applied for a set aside, got the hearing, and messed that up by trying to be too clever.

 

My gut reaction is to prepare for the hearing as best you can, and make sure you have evidence. The judge will make his judgement on the evidence, and hopefully give you some leeway as a LiP.

 

I think if you can demonstrate that you have behaved in the correct manner with all your other creditors, and the official record shows that you have made payments to the Claimant, then you can argue in plain English, as a LiP, that they have acted in a vexatious manner.

 

My arguments will be

I was misled into not defending by comments made by howdens that the case would be dropped

I never recieved a court date

Howdens refused my set I/e that i sent every other debt

Howdens did not consider fair and reasonable payments

Howdens entered into a payment scheme that did mot support other debt payments and put my mortage at risk.

I was unable to defend the amount stated and check for charges and interest calculations

I was unable to set up a fair and reasonable payment scheme with the court

 

Looks like plenty of ammo to me. Good work. Are all your documents copied, and in order so you can access them readily?

 

Blurred:) (who's the wrong end of a bottle of wine... or so... haha,,, so treat these comments with caution)

[BlurredFX]

after all you admitted the debt by making the payment so what purpose would the set aside acheive?

 

Not having a CCJ registered against you, maybe

[Fiscalawareness]

to be honest i might be wrong with this but im going in to try and start the case again and allow me a defence.

 

If i can do this then i have time to pay the debt and not get a ccj.

 

Well the balls rolling, i always say lets lick it and see lol

 

cheers for your support.

 

James

[Fiscalawareness]

The starting again of the case will allow me more time then 28 days, its over 2k, not something i have in my back pocket at the moment.

[BlurredFX]

to be honest i might be wrong with this but im going in to try and start the case again and allow me a defence.

 

Isn't that the whole purpose of a set aside anyway?? How do you propose "starting again"???

 

The Set-aside is to have it literally "put to one side" - and then start again. You must demonstrate that a) you have a reasonable prospect of defending the Claim, and b) Good reason for not defending the claim in the first place - you must act in a timely manner, and respect the Court.

 

You did not respond to the claim as they said they were dropping the action. They mis-lead you, they were vexatious in my opinion.

 

I speak in lay-mans terms, I am not a legal eagle as it were.

 

If you do not turn up to the Court, the Judge will rule against you, and you will never get another chance, in my experience.

[MARTIN3030]

You may find that the Court will not allow you to start this one again.

 

If you cant pay the judgement within 28 days,then you need to apply for a variation order.If the other side dont accept your repayment offers then there will be a short hearing for determination.

 

I agree with other posters here that you should have defended when you was given the chance.

Irrespective of what the other side said,you should have got something in writing from them BEFORE abandoning your further input.

[Fiscalawareness]

thanks for all your help. i know my chances are slim,

 

a question ? if i fail in thr set aside is the ccj put back to the origanl date or does it start from wednesday

 

also do i get another 28 days to pay or not

[BlurredFX]

a question ? if i fail in thr set aside is the ccj put back to the origanl date or does it start from wednesday

I am fairly sure that it applied from the date they were awarded the CCJ.

 

I know thatif you do not turn up and give an account of yourself, the Judge will rule against you - THAT IS A GIVEN.

 

The Judge has already looked at your app for a set aside, and he must think it is at least worth listening to you. Otherwise he would have dismissed it as a pile of junk and the CCJ would have stood.

 

You have a set aside meeting - and you must go to this. Explain your conduct, and the conduct of the Claimant and see what he says.

 

I think you have a half decent chance - but if you squander this opportunity, it will not come again.

 

If it is set aside, it effectively takes you back to before the CCJ - and if they want another pop at you, then they have to start all over again.

 

But this time, you will be prepared... GO TO THE MEETING ON WEDNESDAY.

 

Getting the hearing is the first step, attending it is the second step.

 

Blurred:-)

[diddydicky]

thanks for all your help. i know my chances are slim,

 

a question ? if i fail in thr set aside is the ccj put back to the origanl date or does it start from wednesday

 

also do i get another 28 days to pay or not

 

if you lose it is as if you had not contested it and the clock started ticking from the previous hearing

[Fiscalawareness]

will update u on wht happens, apart from a few more costs i dont have anything to lose really

[Fiscalawareness]

another question

 

if i had gone to court could i have argued against the 0.54% daily interest being put on the debt, as im in finiancial distress etc. have a cccs number and letter sent to banks to state in financial distress.

 

i was also at the same time as the ccj fighting a repo and howdens would still not except a income exp and forced me to apy over 3 months.

 

just some add ons in case i hit something worth mentioning to the judge

[BlurredFX]

have a cccs number and letter sent to banks to state in financial distress.

 

Tell the Judge. You may need to explain CCCS - put it to him a a kind of on-line CAB type thing. Take copies of the letters to show him. He won't look in detail I shouldn't think.

 

i was also at the same time as the ccj fighting a repo and howdens would still not except a income exp and forced me to apy over 3 months.

 

Take this EVIDENCE with you. At the end of the day, this could have affected your ability to respond properly to the Court.

 

Print out your CCCS details for him to inspect. If you show him a inc exp, it will go for you I think.

 

I really am unsure of how this will go. BUT RESPECT THE JUDGE. Any more questions??

 

If I don't speak to you before, GOOD LUCK! There are a million factors that could affect this. I've won and lost in Court. The time I lost, I drove off a little to quick from the Court in temper. Nearly hit a fella. I calmed down after that. Imagine how that day could have turned out... try a couple of years at least, never mind a few grand.

 

How did you apply for the set aside and what did you write???

 

Blurred:-)

[BlurredFX]

If He Start Allocating It To The Small Claims Track, Let Him Do That!

[BlurredFX]

I was winning, didn't realise that Small Claims was good result for me, got cocky, and he hammered me. Lashed my set-aside application right out the door, along with me and £700 costs.... Hence the driving home like a *****r.

[BlurredFX]

and a ccj for £5.5k that they never had the paperwork for!!!!!!!!!!!!!

 

Say your piece. Shut up. Answer his questions. Shut up. I think if you show humility, and respect, thats the best to make the most of your situation as a LiP.

[Fiscalawareness]

cheers mate will do

[Fiscalawareness]

thanks to everyone, i negotiated with the rep for howdens before the meeting the judge and have adjorned for the first date after 28 days giving me time to pay off the debt and allowing howdens to supply consent, this will remove the ccj from my file.

 

thanks for everyones help esp blurred, def worth turning up and pushing it james

[BlurredFX]

As long as it gets the CCJ off your file.

 

Who told you that? The Judge or Howdens?

 

If it was the Judge, then winner! Let me know, it's important!

 

Blurred:)

[BlurredFX]

And tip me scales n all lad!

[Fiscalawareness]

well that all worked out, i got there ealry and introduced myslef to the rep for howdens, we had a coffee and agreed a adjournment with the case being reset after 28 days, if i pay back the money before the set aside redate then they will sign a consent form and i will have my ccj lifted

 

thanks for all your help i got exactly what i wanted, time to pay the debt and the ccj removed.

 

now to work on my defualts