Hills/Restons judgement for claimant/default CCJ - Old Blackhorse Car Loan

[AndyOrch]

You need to request a re determination...this can be done free of charge providing you act within 16 days of the date of judgment....draft a simple letter and attach a Income & expenditure.

If that fails you can use the N245 and apply for a variation...although this does require a fee of £50.

 

Regards

 

Andy

[AndyOrch]

No...no form for a re determination....just draft a letter and attach an I&E.

 

As for helping your case it reviews and reduces your monthly figure to suit your income.

[AndyOrch]

If you accept the claim and make an admittance with offer of payment...the forms go to the claimants solicitor....and the claimant can request judgment....so you have not made any errors.

 

With regards to a letter for re determination......

 

Court name and address:

Your name and address:

County Court Claim No:

 

Name of Claimant: (creditor’s name)

Claimant’s Ref. No: (account reference number)

Name of Defendant: (your name)

 

 

Application for redetermination

 

Dear Sirs,

 

I wish to apply for the above judgment to be redetermined under rule 14.13 of the Civil Procedure Rules. As the judgment was made without a hearing I am entitled for this to be done at my local County Court hearing centre and, because the application is within 16 days of the postmark on the original judgment, therefore there is no fee.

 

I am applying for this redetermination because I am in financial difficulty and I can’t pay the instalment that was set on the (insert date of order). I’ve enclosed an up to date budget and list of creditors to help you reconsider the judgment.

 

I am offering to pay £xxx per month towards the debt.

 

Yours faithfully

[AndyOrch]

I dont think BH ever had a CCJ DX

[AndyOrch]

Thats why you must make either an application to redetermine/ vary and get an affordable set monthly amount.Once that is agreed they cant execute the judgment.

[AndyOrch]

Just part of the process...wait for the hearing date now.

 

Andy

[AndyOrch]

Threads merged...please keep to one thread.

 

Andy

[AndyOrch]

Just wait until the hearing...and the court will set the rate of payment....ignore Pestons.

[AndyOrch]

The court should set an affordable monthly amount...take all your I&E with you as proof.

 

What court fee?

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?406098-LEGAL-N245-Application-for-suspension-vary-an-order-**Correct-as-at-Sept-2015**

 

Make application to amend the monthly amount using the above ..I thought you had already done a redetermination?

 

Andy

[AndyOrch]

And the redetermination has set it to £50 PM?

[AndyOrch]

Did you attend the redetermination hearing ? Why was it not set to an affordable amount at the time?

[AndyOrch]

" the solicitor of Harlisden security talk to me before going into hearing and he said he will be happy to get £30 "

 

Then make contact with that Solicitor and see if they will agree to £30...you don't have to stick to the court order if the creditor will accept your proposal....but you must get their consent.

[AndyOrch]

How much is the judgment Psulkin and is is it accruing any post judgment interest ?

[AndyOrch]

No how much is the CCJ for in total ...the debt you owe?

[AndyOrch]

Are you in full time employment and do you own your own property and is it in your name only or joint...is the debt in your name only ?

[AndyOrch]

Then make payment of £30 per month to start with and try to build up to £50 when possible...little else left to enforce by except Bankruptcy and that would cost more than the debt it self...not going to happen.

[AndyOrch]

if I didn't manage to pay what step the Harlisden security can do?

 

Nothing apart from the above in my last post.....