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Just checking before court


389shell
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My hubby is at court this week. He had a CCJ awarded against him which he admitted fully to, however after submitting his income/outgoing, the claimants refused his repayment proposal and it was ruled that he had to pay in full which we certainly can't afford. We submitted the paperwork and there is a hearing this week (full payment was ruled without a hearing), I just want to check he has everything he needs to take with him to show what he can afford to pay.

 

Wage slips

Bank statement

Tenancy agreement

 

Anything else? How many copies of each will he need, it's only a 30min hearing and only for £700 which includes all costs.

 

What happens if it's ruled that he has to pay in full as there is no way at all that we can do this? I don't know how the judge ruled it in the first place after glancing at the income/outgoing as it comes out with a minus figure anyway.

 

Thanks in advance as always

 

Shell

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Anyone?

PLEASE DONATE ANYTHING THAT YOU CAN

 

 

A government that robs Peter to pay Paul can always depend on the support of Paul.

George Bernard Shaw

 

 

 

 

Go on, click me scales (if I have helped) :grin:

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Did you submit that proposal to the court or the creditor? Did you turn up at the hearing or just let the forms do the work?

 

If you cant afford repayments, no court in this country would force you to pay more than you can afford. The only way they would demand full payment is if you were spoofed by the creditor to give them the info instead of you giving the courts it, or a judgement was made and you failed to keep up the repayments.

 

Since you are going to court in person this week, take EVERYTHING you can think of as proof of your incomings and outgoings. The court will want to see every last detail possible to rule on a judgement.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Thanks Renegadeimp.

 

It was all submitted to the court, first it was fine - confirmed repayments by letter from court then the creditor objected, hubby got a letter from court saying the creditor had objected so full amount payable immediately. This was all done without a hearing. We payed £40 to get a hearing near us so he could get the repayments back. Honestly, if I didn't know better I'd think this was a money making [problem] :wink:

 

I've got all sorts to take now, thanks for replying.

PLEASE DONATE ANYTHING THAT YOU CAN

 

 

A government that robs Peter to pay Paul can always depend on the support of Paul.

George Bernard Shaw

 

 

 

 

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Ohh I put [problem] there not problem. It was followed by a comedy wink though.......

PLEASE DONATE ANYTHING THAT YOU CAN

 

 

A government that robs Peter to pay Paul can always depend on the support of Paul.

George Bernard Shaw

 

 

 

 

Go on, click me scales (if I have helped) :grin:

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Yep, doesn't like the word s c am.

PLEASE DONATE ANYTHING THAT YOU CAN

 

 

A government that robs Peter to pay Paul can always depend on the support of Paul.

George Bernard Shaw

 

 

 

 

Go on, click me scales (if I have helped) :grin:

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Are you sure its a court letter? A court would tell the creditor to bugger off if the court can clearly see you are in financial difficulty. Something isnt right here.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Positive. The letter says

 

Upon reading a letter from the Claimant

 

IT IS ORDERED THAT

 

1. The judgment herein be varied to provide that the judgement debt and costs be paid forthwith

 

Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order. If the application is one which requires a hearing, and

 

(a) the party making the application is the Defendant and

(b) the Defendant is an individual,

then upon the filing of the application the claim will be transferred to the Defendant's home court. In all other cases requiring a hearing the claim will be transferred to the preferred court.

 

 

 

So we then filed for variation to get the repayments back. This letter arrived after that.

 

TAKE NOTE that the matter be listed for a Redetermination Hearing to take place (all relevant details)

 

When you should attend

 

30 minutes has been allowed for the Hearing

 

That's it.

 

All letters stamped and we have even spoken to the court to find out exactly why it was ordered that he pay in full. Like I said, it's a shameful waste of everyones time because a judge can't be bothered to read a piece of paper correctly.

 

Thanks again.

PLEASE DONATE ANYTHING THAT YOU CAN

 

 

A government that robs Peter to pay Paul can always depend on the support of Paul.

George Bernard Shaw

 

 

 

 

Go on, click me scales (if I have helped) :grin:

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Maybe you need to make a variance application. You should be able to show your finances anyway since you are going to a hearing.

  • Confused 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Well I'll certainly let you know how we get on tomorrow.

 

Thanks for your help.

PLEASE DONATE ANYTHING THAT YOU CAN

 

 

A government that robs Peter to pay Paul can always depend on the support of Paul.

George Bernard Shaw

 

 

 

 

Go on, click me scales (if I have helped) :grin:

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