Ignored CCJ
I have received a Judgment Default with an amount to pay to be received by 5 January. What happens if I ignore it? Will the bailiffs call on me or should I just fill in the court form explaining I cannot pay the amount requested?? I know ignoring is burying my head in the sand but thats how I feel. bevo View Public Profile Send a private message to bevo Find More Posts by bevo Yesterday, 20:05 # 2 ( permalink ) supasnooper Classic Account Customer Watch out, there are Claims Touts about! Search the Web here for your Christmas gifts. It helps us to pay our way. If we have helped you, please help us. Click here. Join Date: Sep 2008 Posts: 276 Re: Ignored CCJ If you cannot pay the full amount but can offer a monthly payment (redetermination), get this letter off to your local county court that deals with bankruptcy and send them this letter (amend to suit) Date,,,,,,,, The Court Manager CLAIM NUMBER: ****** To the Court Manager: REDETERMINATION UNDER RULE 14.13CPR I apply for this matter to be reconsidered (redetermination under Rule 14.13 of of the Civil Procedures 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) 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. As you can see my budget shows I have £..... surplus / £.... deficit after essetial 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 instalments and request the Court set the Judgment at this amount. Under rule 14.13 of the CPR it is clear that because the Judgment was granted without a hearing I am entitled to have this redetermination 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, Your Name Send it next day recorded and wait for reply, when you get the reply dont presume it will automatically get transferred to your local court. If it does not then send this letter to make sure. In the Matter of XXX Vs Yourself Case Number XXXXX Dear Sir or Madam Re: Redetermination hearing on XXth. I would respectfully ask the court to reconsider the order dated XXth, in which you have set a redetermination hearing on Xth at XXX County court. As a litigant in person the civil Procedure rules explicitly state that there should be an automatic transfer of any redetermination hearing to my local court, which is XXX County Court. The Civil procedure Rules applicable are: 14.12 (1) Where a judge is to determine the time and rate of payment, he may do so without a hearing. (2) Where a judge is to determine the time and rate of payment at a hearing, the proceedings must be transferred automatically to the defendant's home court if – (a) the only claim is for a specified amount of money; (b) the defendant is an individual; (c) the claim has not been transferred to another defendant's home court under rule 13.4 (application to set aside (GL) or vary default judgment – procedure) or rule 26.2 (automatic transfer); (d) the claim was not started in the defendant's home court; and (e) the claim was not started in a specialist list. (Rule 2.3 explains which court is a defendant's home court) (3) If there is to be a hearing to determine the time and rate of payment, the court must give each party at least 7 days' notice of the hearing. I thank you for your cooperation in this matter, Yours faithfully, Your Name Also you may wish to make the courts aware that you have been unable to offer full payment of the CCJ as it is a large amount. Put it in writing and attach to your redetermination application. As written above, draw up an Income\Expenditure sheet and emclose to the courts. supasnooper View Public Profile Send a private message to supasnooper Find More Posts by supasnooper Yesterday, 20:11 # 3 ( permalink ) patrickq1 Platinum Account Customer Watch out, there are Claims Touts about!
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Showing posts with label County Court. Show all posts
Showing posts with label County Court. Show all posts
Thursday, 1 January 2009
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