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High repayment demand from creditor following CCJ


Miocene
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Hi all, firstly sorry if i have posted in the wrong place!

 

Let me explain my situation in brief....

 

I received a CCJ letter from Northampton County Court for a debt i owe. I returned the form (to the creditor as advised on the form) i now know, following a good read of this forum, i should have sent it to the court instead.

 

Anyway, i then received a letter from the court saying judgement had been entered and i should pay the full amount "forthwith".

 

Long story short, i rang the creditor who advised me they had received the paperwork but it was received too late, even though i sent it in good time. Stupidly, i didnt get a proof of posting or send it recorded delivery...yet another mistake!!

 

The chap i spoke too was helpful (to begin with) and discussed my options and he agreed to "allow" me to pay in installments. He went through my I&E and said i could afford £200 a month (the CCJ is for £3,300 btw) i said that wasnt possible and offered £100 which is pushing it anyway.

 

He flatly refused and said if i didnt pay it would go back to court and they would apply for an attachment of earnings order.

 

I said i would need to investigate this and if need contact the court, even he said that would be a good idea.

 

Now, my question is, as i cannot afford £200 this month, or any month, should i just pay what i can and send an N245 to Northampton County Court and let them decide what i can pay?

 

If i do this is the creditor likely to inform the court i have defaulted on an agreement and push for an AoE or will the court not order such a thing unless i default on their order?

 

My first payment is due on 28 Feb (payday) but i wont be able to afford the court fee until then either and i dont know what to do for the best?

 

Any help would be much appreciated, im tired of making mistakes with this and just want to pay what i can after someone has had a proper look at my I&E as i cant see how he thinks i have £200 spare to pay!

 

TIA

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who took you to court and who is the creditor?

 

was this who the orginal debt was with too?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Miocene and welcome to CAG

 

You must complete the N245 with your I&E and proposed payment..there is a fee of £45.Let the court decide the payment arrangements never the Claimant.

 

Forward the payment you would think appropriate by said date to the Claimants Sols...then you are not in breach and further execution will be held until the Court has determined the payment.

 

Oh and keep off the phone everything in writing and only comply with what the court instruct.

 

Regards

 

Andy

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Hi Miocene and welcome to CAG

 

You must complete the N245 with your I&E and proposed payment..there is a fee of £45.Let the court decide the payment arrangements never the Claimant.

 

Forward the payment you would think appropriate by said date to the Claimants Sols...then you are not in breach and further execution will be held until the Court has determined the payment.

 

Oh and keep off the phone everything in writing and only comply with what the court instruct.

 

Regards

 

Andy

 

Cheers Andy, will get right on it!

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Hi Miocene

 

He went through my I&E and said i could afford £200 a month

 

You can find some good I&E forms around the site or on National Debt Helpline site. Make sure you include everything - essentials plus work travel, kids, clothing etc. The court will rarely see you pay more than you can afford. Never take the Claimants word for it :-).

 

He flatly refused and said if i didnt pay it would go back to court and they would apply for an attachment of earnings order.

 

In his dreams lol. Only really likely to happen if you persist in breaking an arrangement agreed by the court.

 

Mike

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ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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The one included on the N245 is the one to complete Mike.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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The one included on the N245 is the one to complete Mike.

 

Regards

 

Andy

:-) ty

________________________________________________________________

ALL unsolicited PMs and E-mails should be posted up - Not all on CAG are who they appear to be

 

 

My views are my own. If in doubt, seek professional advice. If I can help though, I will. CAG helped me!!

 

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Thanks guys. Will be filling it out at the weekend.

 

Can I pay the fee at my local court or does it have to be a cheque. Would prefer to know the court have the money etc, so if I'm there and get a receipt if be much happier!

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