Ignored CCJ

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!

What's the worst that can happen?

Image by NCreedplayer via FlickrWhat's the worst that can happen?
Hi, I've got a few threads spread out across the site dealing with several isues, all receiving excellent replys that are helping me alot. But this post is about a situation that worries me the most, My o/h owes around 8k on an abbey c/c, which we've been unable to keep up payments after being put out of work. I had been told rightly or wrongly (not by anyone on this site) that it's best to stop contact with the original lender and wait for the debt to be passed to a collector and negotiate payment with them, I don't know if this is the right thing to do, but it's the route that we have taken. But since finding this site I've read posts that say that the lender doesn't always use collectors and sometimes takes action through the court themselves. With a debt of 8k on a c/c is it likely that this will happen? also, the main worry is that we receive £88 a week c/t/c and around £30 child benefit. We have 2 children and this is our only source of income for which we have to use to pay other debts aswell as the usual utilitys ect. We know that until our work situation improves then the debt will never be paid off but we were hoping for damage limitation by at least paying something per month that we can afford, which right now isn't going to be alot. If it goes to a collector and they refuse an offer from us or the original lender takes us to court themselves, what is the worst that could happen to us? We rent and don't own, have no savings left anymore and are pretty much screwed. Would a court in general allow us to pay a very small amount back each month untill our situation improves, or would it be a case of baliffs or bankrupcy (neither of which is going to benefit anyone) many thanks Happyfeet24 View Public Profile Send a private message to Happyfeet24 Find More Posts by Happyfeet24 28th December 2008, 21:09 # 2 ( permalink ) fuzzybobble Platinum 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: May 2006 I am in: the process of fuzzybobbling Bryan Carter & Co Posts: 1,841 Re: What's the worst that can happen? In your case the very worst that can happen is they go to court to get a CCJ against you. In your own interests turn up at court with proof of your income/child benefits each month and what you have to pay out each month. Then the court will set an amount you can easily afford to pay. In your case £1 a month token payment. But before it comes to that, send Abbey a CCA request and see if the debt is enforceable in the first place. You have a good chance that they won't be able to produce anything that is enforceable and puts you in far stronger position. If they can't produce an enforceable CCA, and they know that you know it's unenforceable, then it's highly unlikely they will attempt court action. By being on this website, you're halfway to a stress free life. __________________ ---------------------------------------------- Fuzzybobble - 35 DCA's - 0 ---------------------------------------------- These are video links to show how I deal with DCA's Fuzzybobble + Judge Judy = DCA confusion. http://uk.youtube.com/watch?v=XME7X3FehBk Fly fishing for C.A.R.S http://uk.youtube.com/watch?v=zPtzK8FqE6k&featu re=related Moorcroft's confusion over fake details http://uk.youtube.com/watch?v=1bZ2jgU-elQ&feature=related Frederickson International don't accept my card type http://uk.youtube.com/watch?v=eiZBULlWW6Q&featu re=related The worlds first honest DCA promotional video http://video.google.co.uk/videoplay?docid=-7092337717785560440 May contain strong language and nuts. < Please thank me by clicking on the scales. fuzzybobble View Public Profile Send a private message to fuzzybobble Find More Posts by fuzzybobble 28th December 2008, 21:19 # 3 ( permalink )