advice please - ccj judgement

[Perdita]

Hi

Can someone advise me please

 

- my OH withdrew his defence on production of the correct documents by the clamant and requested to the court that he be allowed to pay at amonthly rate.

 

The judgement came back saying full amount by the 22nd of this month

 

we wrote and requested that the judgement be amended.

Not heard anything back yet.

 

The claiman Global Arrow has since written saying they will not accept monthly payment unless we fill in a form of income/expenditure etc

and enclose bank statements etc.

 

My question is - can they do this and as it is my OH debt can they ask for my information as well ?

 

Any adice appreciated as need to get back to them today as the deadline is the 22nd

 

Many thanks

[Desperate Daniella]

Hi,

 

I expect one of the legal people will be along soon, but I don't think you can just write to the Court asking for a judgment to be amended. You would need to make an application. If you do that then the judge will ask you for an I&E. If Global has said they might/would accept monthly payments on the basis of an I&E I don't see what you will gain from not supplying one as the judge would only make an order for monthly payments when he has seen one. However if you go back to the Court then the judge might set the payments at a lower rate than that requested/demanded by Global.

 

It is your husband's debt, so I don't see why you should volunteer your information, but I have no doubt they will do a credit search on you too when they estimate what they are going to want as a monthly payment. If, for example, there are mortgage/rent payments, then they won't accept that the whole burden of paying those is down to him if you are working.

[citizenB]

You will need to apply to the court on form N245 for a variation of the forthwith order and yes, you will need to attach a Common Financial Statement to the application. I am not sure whether you are obliged to provide bank statements/payslips or not. I will try and find someone to advise further for you.

 

BTW, you could speak to National Debtline on their Freephone number. They will help you complete the CFS and could also possibly advise if you have to provide the bank statements/payslips.

 

You will need to send the N245 and CFS to the court that issued the Forthwith judgment.

[Perdita]

Thanks for the replies, will try and find the necessary form to send to the court. How do I stand timeframe wise ? are bailliffs going to turn up on the 23rd or is it a process that will give me a little time to get the forms sorted ?

[Desperate Daniella]

No. Bailiffs won't turn up on the 23rd. They will hear your application before anything else happens, and hopefully you can reach a settlement.

 

You can download that form. Just put N245 in google and it should come up.

[citizenB]

http://www.justice.gov.uk/courts/northampton-bulk-centre/ccbc/frequently-asked-questions

 

You should be able to download the N245 from this site.

 

http://www.hmcourts-service.co.uk/serve.php