Timescale for enforcement of CCJ

[bigegg]

Quick question.

Friend of mine got a CCJ in October - 15K, unregulated debt - payment "forthwith"

 

She applied for a re-determination for time to pay.

 

Because of her low income (but high equity in her property), the judge would not make an order to pay by affordable instalments, and refused the re-determination.

 

I understand that there is a window of 28 days for immediate payment to be made before further enforcement action is taken.

 

Is this from the date of the original judgement or from the date of the redetermination hearing?

 

I want to believe its from the redetermination hearing, but am worried that it's from the original judgement (otherwise one could effectively delay enforcement for months, if not years, by reapplying for payment changes)

[dx100uk]

why didn't she defend it?

[AndyOrch]

Quick question.

Friend of mine got a CCJ in October - 15K, unregulated debt - payment "forthwith"

 

She applied for a re-determination for time to pay. You cant redetermine a Forthwith...should have been an N245 to vary the judgment to monthly.

Because of her low income (but high equity in her property), the judge would not make an order to pay by affordable instalments, and refused the re-determination.

 

I understand that there is a window of 28 days for immediate payment to be made before further enforcement action is taken. Too late now 3 months old

 

Is this from the date of the original judgement or from the date of the redetermination hearing? Original date.... the redetermination was dismissed/done in error

 

I want to believe its from the redetermination hearing, but am worried that it's from the original judgement (otherwise one could effectively delay enforcement for months, if not years, by reapplying for payment changes)see above

Regards

 

Andy

[bigegg]

My mistake.

N245 was submitted - I was under the impression that any request for a change of payment schedule was a "redetermination"

 

She had no realistic prospect of a defence.

 

So enforcement can be immediately then.

Oh dear.

[AndyOrch]

No its a variation...a redetermination is when the judgment is already set at monthly payment and you admitted the claim or partial admitted....and you wish to reduce/increase it.

 

" Because of her low income (but high equity in her property)the judge would not make an order to pay by affordable instalment "

 

Because of the amount in question sounds like the judge took a view that the judgment claimant would be better placed to seek a Charging Order as a means of security/ enforcement.

 

Andy

[bigegg]

That's what happened.

 

Friend extended her mortgage to pay the ccj

 

She's planning to downsize this year, so paid it off rather than have the uncertainty of what enforcement action might be taken.

 

Thanks for the help/information.