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Arrow/reston CCJ - old First Direct OD - Redetermination Hearing in 4 days, joint OD, help

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I have a joint account overdraft debt (First Direct) from 2005 which has been on my Payplan DMP since 2011.

The current DCA (Arrow Global) appointed Restons Solicitors who sent Claim Forms to both me and the other party, my ex.

Payplan sorted my reply offering £1 per month.

 

I didn't realise that my ex needed to send Acknowledgement of Service and I told him, wrongly,that I had it sorted with my DMP.

 

The claimant rejected my offer and the court issued me a judgement by determination for £20 per month.

My ex was sent a judgement by default.

(The amounts on the two judgements were different, and on his default judgement it stated he'd paid £1, which he hadn't - it was my £1 from my DMP).

 

I subsequently applied for a redetermination as I thought we would each submit budgets and he would start his own DMP and we could get the monthly payments reduced.

The redetermination hearing is next Wednesday and states both me and my ex as defendants.

 

My ex is long term unemployed, on jobseekers allowance and housing benefit.

I am 58, self employed, on a low income and in receipt of working tax credit.

Neither of us has any property, savings, assets, insurances, or anything of value.

The debt is the second smallest on my DMP (total debts £24.8k).

 

My ex is furious that he now has a CCJ and refuses to attend the hearing and refuses to do a budget.

I feel responsible for sorting out the mess.

 

My girlfriend has now offered to pay the claimant in full & final short settlement if the claimant will agree that no further liability is due from either party.

Total being claimed is £461.80 plus £107 costs, so £568.80.

After a couple of offers and counter offers, Restons said on 22nd Nov they would accept £422.85. I offered £400.

 

Restons say they are waiting for Arrow to decide whether to accept my £400 offer.

They're both dragging their feet unnecessarily I feel.

 

Since it's less than 5 days before the hearing it's too late to apply to "vacate the hearing" so I must attend the hearing, alone.

 

I need to email the court to tell them of this new development and also include authorisation from my ex.

I want to email the court today or tomorrow latest to tell them about my offer,

also including email from my ex authorising me to do that, also that the delay is down to the claimant.

 

How should I word my email,

how should my ex word his email,

and since its a redetermination hearing that I applied for,

 

how will the offer of short settlement affect the hearing especially since my ex won't be there.

 

I know I ought to have sorted this out sooner but I have ADHD and also long-term depression, which makes life difficult sometimes.

 

When I originally got into debt, before my DMP, things got so bad that I had a breakdown I'm better now.

 

I've spent hours and hours looking up civil court procedures, protocols, practice directions, legal processes, advice websites, CAB signposted me to RCJ free advice session and they suggested I attend the hearing with my budget, which I will do.

 

I just need to know how to handle communicating with the court about the changes, and at this late stage I can't afford to make any more mistakes.

 

Any relevant advice much appreciated. Many thanks

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shame you let useless payplan deal with it for you...

you should have defended the original claim

as I bet most of the debt is unlawful penalty fees for things like missed DD fees etc etc .

and it would never had stood up if defended they never do.

esp if you'd done a CPR 31:14 and request documentation to show how the balance accrued

 

I'll let andyorch comment further but I bet you'll find rectums will settle outside the court before the hearing for what you want £400.


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Thanks for your reply.

 

Yes, I wish I'd defended the original claim too, especially now given all the research I've done.

I've I'd known then what I know now...hindsight is a wonderful thing...

 

I'm anticipating that Restons/Arrow will accept.

 

My problem now is how to handle my communications with the court given the short timescale, also that it's redetermination and I'm changing it to settlement and since I'll be attending without the other defendant.

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Given that both of you received separate claim forms on a Joint and Several debt...either of you can deal with it separately......assuming the claim forms had different claim numbers.

 

Joint and Several Liability arises when two or more people agree to pay a debt (or similar obligation). It’s a joint promise that, if and when the need arises, you and your partner agree to pay off the debt together.

At the same time, each person makes a separate promise to pay the whole debt on his or her own. This means each partner is liable to pay the full amount of the debt, not just his or her own share.

 

They can’t collect the same debt twice. So, if your partner pays off the debt in full, they can’t collect the same debt from you....or visa versa. He or she might then have a claim against you, depending on what’s been agreed between you in the partnership agreement. Any credit balance is owned jointly by you both, unless you’ve previously agreed otherwise.

 

With regards to F&FS you should only be offering half “in full and final settlement”, if the Claimant will agree in writing not to pursue you for the remainder of the debt and not to sell the debt to a debt collector as a joint debt. Again this is more likely to be accepted if you can’t afford to pay anything and the money is coming from someone else (a relative perhaps?) who is helping you.

 

Regards

 

Andy


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Hi Andy, thanks for your reply.

 

Both of the claim forms have the same claim number and I do understand the legality of joint and several liability.

 

I'm now thinking that I've offered too much at £400 (The money is coming from a friend by the way as I certainly can't afford it).

So, if Restons don't confirm acceptance of my £400 offer before the hearing I presume it may be better if I just attend the redetermination hearing and ask the judge for a F&F settlement and that the Claimant agrees in writing not to pursue either party for the remainder of the debt and not to sell the debt to a debt collector as a joint debt.

 

If I ask the judge for 50% as you suggest, will I have the option of upping the offer at the time if either the judge or the claimant rejects it?

 

Also, does the claimant have to be present at the hearing for them to agree not to pursue either party for the remainder of the debt and not to sell the debt to a debt collector as a joint debt. Or can the judge order this without the claimant attending the hearing?

 

Given that my ex refuses to attend the hearing,

I believe I'll need a statement from him saying that he will not attend and also that he authorises me to act on his behalf regarding making the settlement.

Will the court accept this?

 

I'm hoping that maybe the claimant won't attend the hearing either, so that there would no option for them to reject an offer of 50%. But if they do confirm acceptance of my £400 offer in writing then am I allowed to change my mind and offer less when it comes to the hearing?

 

It's very important to me that I get a final decision and resolution at the hearing and without any further court involvement or proceedings. It's also very important that I can achieve this without my ex attending or getting involved other than him giving written authorisation for me to act on his behalf.

I'm worried that the court might be displeased if he doesn't attend and/or that I might be unable to resolve everything at the hearing.

 

I apologise if this seems rather long-winded - I'm now so stressed and exhausted with all of this and can't seem to find the answers anywhere, despite extensive research and cross referencing. Does anyone have any experience with this sort of situation or knowledge of how the court is likely to react, please?

 

Thanks

Kaela[/color]

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A judge has no involvement with F&FS...you can only negotiate that with the claimants solicitor.

 

Your determination hearing is simply to look at your I&E and agree an affordable monthly payment against the judgment. Its irrelevant whether your ex attends or not...but you must bear in mind as above...both of you are legally liable for the full judgment amount....there is a judgment against both names......you must at the hearing explain to the judge that you feel now you have parted that you should and can only afford payment towards half of the amount....which is fair.

 

Once you get it it rubber stamped by the court and payment is in place.......then you think about about F&FS and deal direct with the claimant...but only for 50%.

 

Consideration must also be given to what you have already paid through your DMP and who paid it.


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Also paying a F&FS will not have any impact on your credit rating...only the judgment claimants bank balance..it remains on your file for 6 years..paid or unpaid


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Yes, thanks, I figured that and given my current total debts I'll be 140 when I clear them! So not too worried about my credit rating as it can't really drop any lower... :violin:

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