Help! What is 'redetermination' of a CCJ?

[Sammy Fire]

Hi,

 

I've fallen behind with credit card payments this year after being made redundant.

All my creditors have been accepting interim token payments of £1 apart from MBNA, who took out a CCJ against me last month at Northampton County Court.

 

I accepted the debt and submitted a budget report stating I could only afford £1 per month at this moment in time. The courts issued judgement against me and ordered me to repay he debt at £1 per month.

 

Out of the blue I've just received notification from Northampton county court that the claim has been transferred to my local county court 'for that court to deal with the claimant's application for redetermination'.

 

What's that all about, does it mean they have appealed Northampton's decision?

 

Thanks

[sequenci]

MBNA have applied to the court to try and get your instalment changed to somnething else.

 

Are you a home owner?

[Sammy Fire]

MBNA have applied to the court to try and get your instalment changed to somnething else.

 

Are you a home owner?

 

Yes.

[sequenci]

it is likely they will ask the court for a 'forthwith' judgment. This will allow them to make a further application to secure the debt against your property, this is known as a charging order. To prevent this you need to attend the hearing and plead with the judge to allow you to continue making instalments. Take evidence that you've not missed any payments and that the current instalment rate is reasonable and affordable.

 

How much is the debt for?

[Sammy Fire]

Thanks.

 

The debt is about £17k. I'm likely to be able to offer increased payments in around 6 weeks as I've secured some work and was hoping to agree a DMP. Depends how long it takes to schedule the hearing I suppose.

[vjohn82]

Do you have it in writing that all of your creditors have accepted the £1 payment?

[sequenci]

Do you have it in writing that all of your creditors have accepted the £1 payment?

 

Why would that make a difference in relation to a redetermination?

[vjohn82]

Why would that make a difference in relation to a redetermination?

 

I'm trying to find an article with some case law from yonks ago.. I recall it suggesting that if all of your other creditors were receiving monthly payments that were agreed in writing that agreement could not be changed without mutual consent by a single creditor as doing so would be representing a fraud upon those other creditors.

 

I'm sure that was the implication of the case BUT I can't find it anywhere AARHGHGHG. I know that there is something similar for F&FS offers...

 

I'll keep hunting!

[sequenci]

Please dig it out, I've not come across anything myself. I know there are plenty of cases that make a F&F offer binding under the rule of promissory estoppel but the same doesn't apply to instalments. It's that whole 'consideration' argument again. Take a read of 'Re: Selectmove' if you get a spare minute

[vjohn82]

Please dig it out, I've not come across anything myself. I know there are plenty of cases that make a F&F offer binding under the rule of promissory estoppel but the same doesn't apply to instalments. It's that whole 'consideration' argument again. Take a read of 'Re: Selectmove' if you get a spare minute

 

I'm sure there was something else which applied to instalments... could well be a figment of my imagination haha

 

I'll have a look at Re: Selectmove now

[sequenci]

I'm sure there was something else which applied to instalments... could well be a figment of my imagination haha

 

I'll have a look at Re: Selectmove now

 

If you dig anything out let me know. I did ask the question to my tutor (barrister) when I studied the contract law section of my law degree, he didn't know of anything although things move so quickly that the rules often change!

[sequenci]

Sammy, I've researched this for you.

 

You need to argue that a creditor's right for a redetermination (or variation) of an instalment order should only be considered by the court if there has been a change of circumstances. You should cite Paragraph 6.1 of Part 14 Practice Direction of the Civil Procedure Rules.

 

The fact that nothing has changed in your circumstances should demonstrate to the court that the original order should stand.

 

It's your job to convince the court as MBNA are likely to argue that a £1 instalment on their debt is totally unrealistic.

[vjohn82]

It's your job to convince the court as MBNA are likely to argue that a £1 instalment on their debt is totally unrealistic.

 

Would the easiest way to demonstrate that this is a fair and reasonable offer (in the circumstances) be to refer to the previous judgement when the Judge accepted the figure?

[sequenci]

Would the easiest way to demonstrate that this is a fair and reasonable offer (in the circumstances) be to refer to the previous judgement when the Judge accepted the figure?

 

Absolutely!

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.