• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

CCJ Hearing to Vary - Please help

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • CCJ Hearing to Vary - Please help

    Hello,

    I took finance through my business at 42k with a PG attached, my worst business decison ever made because the business then went into liquidation, the money went to a landlord before hand and if i'd have waitied a month I would have realised I didn't need it in the first place. The claimant logged a CCJ and I agreed personal repayements of £200 per month with them, no payements were set by the court. I then made the clainmant aware I was starting a new busines and they wanted 5% of card sales, which I agreed to. This went on for 18 mths and the balance on the account then stood at around 16k left to pay. After 18 months my new bsuiness couldn't shoulder the debt and has now also had to be liqudated, the month before this happened they offered me a full and final settlement of 13k, but i have no, assests or savings so I had to decline. Before this current liquidatioin of my new business I contacted the claimant to make them aware it was on the horizon and to agree a personal payment plan. I offered £247 which was the left over amount from our Universal Credit amount once living costs were deducted. We currently have no income, no savings or any assests. They didn't accept and triggered enforcement. I then stayed the warrant and asked for a vary with the offer of £247 monthly, they rejected my vary offer on the warrant (so it reverts to a hearing) on the grounds that it would take in excess of 10 years to pay back becasue they listed the debt amount at £52k, I have no idea why they did this or what happned there? My thoughts are it was a genuine mistake or a delibertae attept to mislead the judge and buy them time to get a writ and hope I'd been lying all along and would be intimidated? The claimant then did indeed apply for a Writ immediately after decling which I also managed to stay until the hearing which is this friday 1st Nov at 3:30pm.

    Please could you advise as to what I can expect in the hearing, I'd like to make sure i am super prepared and put my best case forward for the judge to agree £247 a month.
    Is it worth mentioning a; That £200 per month was originally accpeted on 42k balance but now they wont accpet £247 on 16k and b; The fact they put 52k down and the grounds for rejectiobn was it would take in excess of 10 years to pay back?

    Is there anything I'm missing or should be aware of? They also still have the old original compnay name on the paperwork which has been liquadated as well as my personal name which the CCJ is against.

    Thanks in advance.
    Tags: None

  • #2
    The question is what you have and what you can afford. Spell out your income, expenditure, assets and liabilities very clearly.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Ok firstly you make them aware of the balance of the debt is not what has been said.

      Unfortunately, by signing a PG you have essentially waved your right to call it a "business debt".

      However, the court will look at what's reasonable, and given you say you are on UC, I highly doubt that hte court will order much more.

      Comment


      • #4
        Thank you both for your response. I have an email from their senior liigator with the correct balance on it so i will lead with that. I will then provide my income and expenditure along with a UC statement. They have been pretty aggressive and unreasonable up to now so I was expecting more of that at the hearing.

        Comment


        • #5
          I guess they want their money, and as quickly as possible.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Ay maybe but you cant add 30k that isnt owed, that aint allowed.

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

            Announcement

            Collapse
            1 of 2 < >

            SHORTCUTS


            First Steps
            Check dates
            Income/Expenditure
            Acknowledge Claim
            CCA Request
            CPR 31.14 Request
            Subject Access Request Letter
            Example Defence
            Set Aside Application
            Directions Questionnaire



            If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





            NOTE: If you receive a court claim note these dates in your calendar ...
            Acknowledge Claim - within 14 days from Service

            Defend Claim - within 28 days from Service (IF you acknowledged in time)

            If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




            We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
            If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
            2 of 2 < >

            Support LegalBeagles


            Donate with PayPal button

            LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

            See more
            See less

            Court Claim ?

            Guides and Letters
            Loading...



            Search and Compare fixed fee legal services and find a solicitor near you.

            Find a Law Firm


            Working...
            X