CLI/IRD Claimform - Australian Visa Fees relating to potential Employment

[AndyOrch]

Ring the CC on Monday first thing and get it on file date received then get your application away Monday no later. If you require wording for the application give me a nudge.

[Ginni1062]

Thanks Andy!

[Ginni1062]

Hi guys,

 

just checking that is it right that I have a court judgment added to my credit file?

 

I have a very clean credit file and this is obviously screwing me over now

 

TIA

Ginni 

[dx100uk]

did you pay by 1 moth from judgement?

if not yes it will be visible in the judgement section of your credit file

 

dx

 

[Ginni1062]

No as I didn’t have the £9k but I obviously completed the n245 form and paid and submitted that to court before day 30?

[AndyOrch]

CCJ will still show on your credit files ....N245 is only to make application to vary the payment.

[Ginni1062]

But I’m agreeing to pay it? I thought a CCJ was if you didn’t pay it?

[dx100uk]

nope you must pay in full by 1mnt of the judgement.

 

dx

[Ginni1062]

So what happens if I don’t pay the monthly payments now as my credit file is now knackered.

[dx100uk]

they could return to court and ask for bailiffs to attend, but there is no right of forced entry...

[Ginni1062]

So I wouldn’t get my house etc taken from me?

 

Also, what happens if I leave the country say in 12 months? Can they chase me for it from another country?

[unclebulgaria67]

Not if you are making payments and they would have to go through a Court process if you were not paying.

 

If you move abroad, then yes they could chase you abroad and some foreign Courts may allow for the English Court judgement to be enforcement via the foreign Court.  Subject to their processes being followed.

[dx100uk]

1 hour ago, Ginni1062 said:

So I wouldn’t get my house etc taken from me?

 

Also, what happens if I leave the country say in 12 months? Can they chase me for it from another country?

 

wherever did you get that idea from?
they would have to return to court and get a charging order

and if you are not the sole owner, then it would be a restriction k and all but useless

 

dx

 

[Ginni1062]

Is there any way I can get this CCJ removed from my credit as I am actually paying this debt and it’s not as if I have refused to pay it.

 

I were under the impression it just went to court and if I were found guilty then i paid it back which I’ve offered to do, but now to offer pay it back and ruin my credit file with a CCJ on it has just screwed me right up.

[dx100uk]

what would be the point of a court if you could simply do that.?? no punishment.

 

once 1 cal moth has expired from judgement and the full sum is not paid, the CCJ shows upon the public register of judgements for 6yrs, paid or not, paying or not.

 

the only way to stop a CCJ being registered is as above, or an N244 set aside @£275 with no guarantee of a win, and from the above loss i doubt that would ever succeed.

 

 

 

[Ginni1062]

Jesus, I would of been better off just setting up a payment plan with CLI in the first place

 

To be honest I thought I were in court to see if I actually owed the money not that I owed it and I haven’t been paying it

[AndyOrch]

Quote

Jesus, I would of been better off just setting up a payment plan with CLI in the first place

 

Assuming they would have accepted an affordable payment and not litigated which I very much doubt on the amount in question. By defending the claim is in reality the only possible way of avoiding a CCJ...you may have won....if you hadn't defended they would have got their judgment by default....and you would still have been in the position you are now.

[Ginni1062]

Hi guys,

 

After submitting the N245 which shows I have around £250 spare each month after all my outgoings etc I suggested I could afford £30 a month. The court has responded with £150 a month which I find unacceptable as it leaves me with £100 a month to my name.

 

I feel like I took this to court to see if I had actually entered an agreement and see I actually owed the money and now I have been slapped with a CCJ as if I have refused to pay money that I never thought I even owed. Now they have agreed in court that I owe it I’m willing to pay it back so why a CCJ for something I never knew I even owed?

 

Now they are slapping me with a big monthly payment that is going to leave me with no money each month.

 

What are my options here?

I feel like what is the point in even paying the money as my credit file is screwed so what’s the worst can happen now if I just said I can’t afford to pay at all?

 

I feel if the CCJ were removed then it would be worth paying back to keep a clean credit file for the future but what is the point in paying for something for the next 5-6 years when my my credit file is already screwed I might aswell not pay it at all as it can’t get any worst can it?

 

TIA

Ginni

[dx100uk]

why did you put in a I&E that showed you had £250PCM spare.

 

did you include things like peoples monthly clothing costs, car maintenance fund, etc etc.

 

dx

 

[Ginni1062]

I were just being honest as this is all I’ve done through the all thing. 
 

so what will happen if I don’t pay now?

[dx100uk]

I believe ?? you can appeal saying you forget to budget for...

 

next step will probably be hceo bailiffs, though just remember, there is no right of forced entry. 

[Ginni1062]

Hmmm! Decisions! I thought if baliffs have the right to come in your house if they have a warrant or police present etc?

[unclebulgaria67]

It is a civil debt, so no access to inside your House, unless you let them in.  But they could look at property you own outside of the house.  So if you owned a Car that could be seized,  if you were subject to enforcement action.

 

Without seeing your budget, if you paid the £150 a month, how would that leave you ?  Would you be able to pay for all essential household bills and costs you have no choice in paying ? 

 

It is a bit late in the day and I am not suggesting that you appeal. but not being at the Court hearing really put you in a weaker position, as you could not explain your side of the story. Sometimes, when someone is able to explain and give emotion to what they are saying, it is far more convincing, than any written statement.  But if you had paid for a Holiday, I can understand the reason for not attending.  

[Ginni1062]

Hi

yea exactly I think it didn’t do me any good and they have took CLI side as I wasn’t they to defend myself properly.

if I have £250 spare a month and I pay them £150 that leaves me with £25 a week I suppose I put all my essential bills on the n245 form but I feel leaving somebody with £25 a week is harsh. I suggested £50 on the form and they have come back with £150

I have a car on the drive but it’s on finance so I don’t actually own the car. Also, everything in the house potentially belongs to my wife and 3 kids. What can they actually take my TV, Clothes? It’s not worth taking

I just generally feel deflated from all this and I really feel what is the point in paying something that I’m already done over for now.

Worst thing that can happen is bailiffs knocking on my door to what request payment to what I can just say no to. I don’t feel like I own anything that they could actually take from me.

Could they take me back to court?

But how do they demand the money?

They can’t send me to prison can they?

I feel like Im paying to defend my credit score for future I.E car finance, moving home etc but that is all now difficult after this with my CCJ

so what’s worse can happen if I just dont pay the £150 or the money back pay all.

After 6 years would they CCJ be removed and the debt cleared or could they chase me again after 6 years?

[unclebulgaria67]

I doubt they would let it go unpaid.  They would pay the enforcement fee for HCEO officers to visit you  and they could go back to the Court if you continued to refuse to pay the amount.

 

Is the £150 the final decision or can you go back to make a further proposal with more information on your fianances ?

 

You need to leave yourself room financially to deal with increasing costs such as energy bills which are due to significantly increase this year.  Or you start off paying the £150 and if you cannot afford it, then you apply to vary the amount later in the year.

 

Has the CCJ already been recorded on your record ?If it is not yet recorded,  Is there a  way, you could pay the judgement amount in full ?