Jump to content


CCJ Determination


switch2s
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3081 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I had a problem with a bank switch which led to direct debits not being paid, i was wanting the bank to pay for the problem but they managed to prove otherwise and that matter has now been left behind.

 

It has left me with a CCJ which i disputed on the above grounds and offered to pay the debt collector drydens a manageable amount each month. They still entered the CCJ againgst me and said by email that they would accept the offer but want to get a charging order.

 

I applied to pay in installments, which has been then rejected by the debt collection agency.

 

Today i received a letter from the court stating such and that there will be a determination hearing soon. Firstly i presume this is for the court to state how much i should pay each month.

 

Secondly the major problem is that i am currently off work because of very bad anxeity attacks which leave me in hospital, i fear if i go to this hearing it will leave me with one of these. I had seen somewhere advice that if you cannot attend i should send a letter outlining everything i would have said? Is this a reasonable way?

 

Thanks in advance

Link to post
Share on other sites

If you really cannot attend I would suggest you have 2 options:

 

Ask for an adjournment so that the hearing can take place once you have the anxiety issues under control. Obviously this would only be feasible if you feel that you will in the future be able to attend a court hearing and you would need medical evidence. If you want to do this you should apply in advance for an adjournment or, cheaper but riskier, send a letter to the court with the evidence for the judge to consider at the hearing.

 

Option 2 is as you say to send in a letter outlining your position for the judge to consider in your absence. Obviously this restricts the judge because he'll only hear oral arguments from the other side and you won't be there to address anything outside of the letter.

Link to post
Share on other sites

yes, the determination is to decide poss payment eg an instalment order.

and if they do apply for a charging order and get it, if there is an instalment order in place and you adhere to the instalments, then they can't try to enforce the charging order ie sale. so, maybe best to try attend if poss to try ensure an instalment order. how much roughly is the ccj?

Edited by Ford

IMO

:-):rant:

 

Link to post
Share on other sites

Hi

 

Thanks for the advice, i guess its a case of seeing how my health goes in the next couple of weeks, i do have doctors proof of the condition.

 

How long can an ajournment be for?

 

The amount is about £2300

Link to post
Share on other sites

ok, not a huge amount. so, an instalment order could be a possibility so long as available payments are realistic. in such a case, it would seem unreasonable for them to have refused. if you don't mind, how much roughly were the payments offered?

yes, med evidence would be good. but, seems maybe no point adjourning if the very fact of a hearing causes the anxiety as an adjournment just postpones the hearing for another day so you'll still have the prospect of a hearing. if you see what i mean?

IMO

:-):rant:

 

Link to post
Share on other sites

ok, so could try for an adjournment then? as mjt says, maybe a fee for such an application. how long varies re next available slot in the circumstances, maybe one month or so?

50/mth seems fairly reasonable re financial difficulties, around 4 yrs to repay? hopefully the J will see it that way.

Edited by Ford

IMO

:-):rant:

 

Link to post
Share on other sites

Thanks for your advice, as i see it when i sent the n245 form in that got sent to the dca i wrongly assumed it was the judge who just did it then, i think that's where i got confused. I thought it was the judge saying they wouldnt accept the payment.

 

I havent actually had any documents for the charging order yet, would they just do that at the same hearing. They also said in a previous letter they were looking to obtain a ca because the offered amount was so low, i sent them an letter asking what amount they would consider to not do this but did not receive a reply

Link to post
Share on other sites

yeah, it goes to them first. if they don't agree, then for the court to decide.

you can only pay what you can afford. do the IE form, see where you are.

they may well ask at the hearing for an CO, but technically they should make an application Civil procedure rule 73 and associated practice direction.

ps, if you decide not to go for an adjournment, and don't want to attend, then explain with letter (and med evidence, up to you as is confidential) non attendance and offer.

also, could do a revised IE form yourself. if you are able to reasonably afford more than what was originally offered then could consider offering that now? but, you said that they would accept current offer, with a CO?

Edited by Ford

IMO

:-):rant:

 

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...