Cabot/Restons CCJ M+S Card - rejected variation

[kken67]

I recently completed claim forms re a debt being administered by Restons Solicitors for £770.

 

 

I am in the process of setting up a new DMP with Stepchange and working off the budget figures and our other creditors, I made an offer of £5 per month.

 

 

I received a judgment for claimant today saying the claimants have objected to the rate of payment

and the court have awarded them £25 per month.

 

 

I dont understand how they cant understand this is not possible for us atm.

 

 

We did provide the budget sheet for Restons to show the £5 offer was all we could afford.

 

 

What can I do now?

 

 

Can I go direct to the courts to ask for a redetermination or is there another option.

 

 

Any advice would be gratefully received.

 

 

Thank you

[Bazooka Boo]

How did pestons get hold of this, and how did they get a CCJ?

 

Who was the debt with originally?

[kken67]

I was paying through a DMP and then everything went wrong within our family - illness etc so couldnt afford the DMP.

 

 

Admit I buried my head in the sand a bit as i was overfaced and then they went for a CCJ.

 

 

I responded to the claim forms with an offer of payment as i had decided to face things head on

and the offer was pro rata working off the budget created with Stepchange.

 

 

Just received judgement with offer refused

 

Have still sent them the £5 regardless but what particularly niggles me is that all other creditors have agreed affordable repayments and most other debts exceed this one.

[Bazooka Boo]

But who was the original creditor?

[kken67]

Marks and Spencer originally, then Cabot, then Restons.

[dx100uk]

why did you not defend the claim

 

 

sar to m+s time too

 

 

dx

[WindySock]

Can I go direct to the courts to ask for a redetermination or is there another option.

 

As the rate of payment was set by a judge or court officer without a hearing, then yes you can.

 

Write to the court making sure this is received within 14 days of the original judgment date.

 

 

To the Court Manager

 

CLAIM NUMBER: XXXXXX

 

REDETERMINATION UNDER RULE 14.13 CPR

 

I apply for this matter to be reconsidered (redetermined under Rule 14.13 of the Civil Procedure Rules).

 

Under rule 14.13 there is no court fee to make this application.

 

I am unable to pay the full Judgment forthwith/instalment as ordered on (insert date of order) and submit that this has been set an unrealistic amount.

 

I request the Court reconsiders the Judgment.

 

To assist I enclose an up to date financial statement and list of other unsecured debts, which have been provided to me by the Consumer Credit Counselling Service (CCCS)/CAB/National Debtline (delete as applicable).

 

As you can see my budget shows I have £…. surplus/ £…. deficit after essential living costs and also have (insert number of creditors in total).

 

Given my circumstances and considering my finances as a whole I am able to offer £…. .monthly instalment and request the court set the Judgment at this amount.

 

Under rule 14.13 of the CPR it is clear that because the Judgement was granted without a hearing I am entitled to have this matter redetermined, and if necessary transferred to my local county court.

 

My application is also compliant with the time limit as it falls within the 14 days from the original order.

 

I look forward to hearing from you.

 

Yours faithfully,

 

 

Name

 

[kken67]

I completed the claim form and sent them a copy of the budget and the next I heard was the Judgement after determination. Has a base been missed?

[kken67]

Thank you for this WindySock. Just typed up and will send off today. I have sent a cheque for the pro rata payment to them so the court can see I am trying to pay them just not the £25 they want. Again, thanks

[Ganymede]

I completed the claim form and sent them a copy of the budget and the next I heard was the Judgement after determination. Has a base been missed?

 

I'm guessing you ticked the admission box hence the automatic CCJ?!