new lowell ccj after old one set aside

[s4mcr0]

i had a ccj set aside from lowell in september and sent out a defence to which i have just found out " never made it to the court " " lost in post ". ive now got this demand with a monthly amount i cant come even close to affording, does anyone have help or advise as to whats best to do next?

[s4mcr0]

Anyone help or advise?

[Amethyst]

Presumably you didn't send the defence recorded post or get a posting receipt ? No copy to the claimant?(if you were ordered to file and serve?)

Did you send the defence to the court that dealt with your set aside application ?

Did you call the court and tell them you had filed your defence and they just denied receipt ?

It depends what you want to do, to get the monthly installment down you need to apply to the court for 'redetermination' which is this form - https://www.gov.uk/government/public...on-of-an-order - and a £50 fee.

[s4mcr0]

hi amethyst, no i sent it but stupidly didnt send it recorded signed for. so i guess im back at square one again, just curious as to what my best option regards it is now? i also got another set aside paperwork sent through which is again at court on the 28th of november so i feel really under pressure and in a bad place again.

[Amethyst]

Three options really -

1) Get the judgment paid within 28 days so that it isn't re-entered on your credit file/the register for 6 years

2) Apply to set aside again on the grounds that you filed your judgment and it's the courts error ( your defence would need to be strong to have a second chance - and I'm not sure it is as they have sent the agreement now? )

3) Apply to the Court to reduce the monthly installments to an affordable amount based on your income/expenditure ( Form N245 ) and suffer the CCJ for 6 years.

[s4mcr0]

can i get help with the fee for reduced payments?

[Amethyst]

I believe it would be the same as with the set aside application - so the EX160 forms for fee remission.