CCJ self employment/supplier stock - creditor demanding increased monthly payments...can they do this?

[Constantly troubled]

I know this matter is nothing compared to some on here so I'm not expecting tons of replies but I wondered if anyone had any advice on the following:

 

5 years ago, I left self employment but was in dispute with a supplier about stock they claimed I owed them.

 

To cut a long story short, they took me to court and I offered a payment of £5 pcm until the debt was cleared.

 

The debt itself was only for £600 or so but the court accepted this and I have been paying this every month since.

 

The creditor has not written to me (the debt is currently around £450)

and told me that they "require the monthly payment to be increased to £50 per month, therefore, clearing the balance in 9 months"

 

Should I not be able to do this, they have ever so kindly also send an I/E form that I must submit with all my personal financial information so they can decided how much is fair!

 

I was under the impression that provided I was keeping up with the payments as per the CCJ,

they could do absolutely nothing about it other than wait for the debt to clear.

 

Am I wrong in this?

can they take such action?

If not, can I report them to the courts for trying to do so?

 

Some expert guidance would be really appreciated.

 

Many thanks in advance.

[Constantly troubled]

thanks for the reply....... Would they need special circumstances to do this or are they allowed to just do so on a whim?

[dx100uk]

prob dont even knw its got a ccj on it

 

dx

[paulwlton]

I know this matter is nothing compared to some on here so I'm not expecting tons of replies but I wondered if anyone had any advice on the following:

 

5 years ago, I left self employment but was in dispute with a supplier about stock they claimed I owed them.

 

To cut a long story short, they took me to court and I offered a payment of £5 pcm until the debt was cleared.

 

The debt itself was only for £600 or so but the court accepted this and I have been paying this every month since.

 

The creditor has not written to me (the debt is currently around £450)

and told me that they "require the monthly payment to be increased to £50 per month, therefore, clearing the balance in 9 months"

 

Should I not be able to do this, they have ever so kindly also send an I/E form that I must submit with all my personal financial information so they can decided how much is fair!

 

I was under the impression that provided I was keeping up with the payments as per the CCJ,

they could do absolutely nothing about it other than wait for the debt to clear.

 

Am I wrong in this?

can they take such action?

If not, can I report them to the courts for trying to do so?

 

Some expert guidance would be really appreciated.

 

Many thanks in advance.

 

I don't think it's unreasonable for the creditor to ask if the debtor's financial position has changed. People who have been complying with a CCJ installment order will find they're in a better financial position some years down the line and are then in a position to increase the amount.

 

There's guidance on allowances for living, food, entertainment, clothes, creditors etc and, if the £5.00 is all you can afford then they wouldn't take the matter back to court.

Edited June 6, 2012 by paulwlton

[ScarletPimpernel]

In these circumstances, a short letter should be all you need:

 

Dear Sirs

 

You should be aware that the payment of £5 per month was ordered by the xxxx County Court on (date). I will, therefore, continue to comply with the Court's order unless otherwise instructed by the Court.

 

Yours etc.

[AndyOrch]

It is possible for the Claimant to apply for a further redetermination on the set payment, so tread carefully.Offer them £7.50 PM:wink:

 

Regards

 

Andy

[the tinkerman]

Speaking from my own experience concerning the matter in question, as mattybaby stated do not up your payment as once you do that they will come back for more and will also give them the option of taking you back to court as you would not be then complying with the original court order.

 

If you fill in the I & E sheet (ONLY GIVING DETAILS OF I & E NOTHING ELSE!) showing £5 is all you can afford then that should suffice, in saying that they can still take you back to court at any stage to ask for a variation order but that said the creditor would look a bit daft in front of a judge if you had already sent them a copy of your I & E to them prior to variation order as all you would be doing was duplicating the information to the judge and I do not think he would be best pleased with the creditor.

 

Then again if you call their bluff and do not fill in the I & E sheet and do as scarletpimpernel suggested they can then used this as the reason to take you back to court to ask for a variation order (AS A CREDITOR OF MINE DID) gives the impression you are trying to hide something, inviting them to take you back to court and being smug about it at the same time! better to not rock the boat so to speak IMO plus allot depends on who owns the debt, how desperate they are to get their money and would it be worth their while taking it back to court.

 

As stated previously I can only speak from my own experience but I ignored the I & E sheet and sent a letter very similar to what scarletpimpernel suggested and they took me back to court and in the end I ended up with a CO on my property even though I had kept up with my original CCJ payments and even though the law states different, there's the law and then theirs the judges interpretation of the law and it would cost you allot of money to ague that point hence the saying (the law is an ass) no truer words said.

 

 

Tinks

[AndyOrch]

" As stated previously I can only speak from my own experience but I ignored the I & E sheet and sent a letter very similar to what scarletpimpernel suggested and they took me back to court and in the end I ended up with a CO on my property even though I had kept up with my original CCJ payments and even though the law states different, there's the law and then theirs the judges interpretation of the law and it would cost you allot of money to ague that point hence the saying (the law is an ass) no truer words said. "

 

Hence my advice tread carefully

 

Andy