CCJ reconsideration struck out

[busby1977]

Hi, Hope you can help me. I received a CCJ late last year, I admitted the claim and offered them £50 a month. I received notification from court that they had accepted my offer, and was ordered to pay £50 per month from Jan 4th, so I contacted the company to ask for payment details so I could set up a standing order.

The company then told me there had been a mistake, and that they were going to apply for a reconsideration.

The hearing was last week, which I didn't attend due to work commitments. Yesterday, I received from court a General Form Of Judgement Order stating that: IT IS ORDERED THAT 1. The application is struck out, 2. Judgement is now payable by the defendant to the claimant forthwith.

I phoned the court, and a rather cluless lady told me that this meant that I had to pay the full amount immediately, and when I asked what I should do, as I couldnt, she just directed me to the courts.gov website. But I though it meant that the claimants application for reconsideration was struck out, and the £50 a month still stands?

Could someone please shed a bit of light on this?

[FlamingParrot]

Re: CCJ reconsideration struck out

Hi, Hope you can help me. I received a CCJ late last year, I admitted the claim and offered them £50 a month. I received notification from court that they had accepted my offer, and was ordered to pay £50 per month from Jan 4th, so I contacted the company to ask for payment details so I could set up a standing order.

The company then told me there had been a mistake, and that they were going to apply for a reconsideration.

The hearing was last week, which I didn't attend due to work commitments. Yesterday, I received from court a General Form Of Judgement Order stating that: IT IS ORDERED THAT 1. The application is struck out, 2. Judgement is now payable by the defendant to the claimant forthwith.

I phoned the court, and a rather cluless lady told me that this meant that I had to pay the full amount immediately, and when I asked what I should do, as I couldnt, she just directed me to the courts.gov website. But I though it meant that the claimants application for reconsideration was struck out, and the £50 a month still stands?

Could someone please shed a bit of light on this?

Hi and welcome!

Court staff are not supposed to give advice, and there's a good reason for that, as can be seen from your post above, they are, as you say, clueless!

As the order was only made last week, you are still in time to apply for a redetermination. :thumb: Unlike a variation, there's no fee payable for a redetermination, but it has to be applied for within 16 days. You need to write a letter to the court (see below) and attach an income and expenditure (budget) form. A good budgeting tool can be found here: NEDCAB budgetting tool.

Please note that it is likely a hearing will be required and you'll need to attend.

From:

Name
Address
Postcode

Date

To:

County Court Claim No:
Name of Claimant: (creditor’s name)
Claimant’s Ref. No: (account reference number)
Name of Defendant: (your name)

Court Name:
Court Address:

Application for redetermination

Dear Sir /Madam

I would like to apply for the above judgment to be redetermined under Rule 14.13 of the Civil Procedure Rules. I understand that because the judgment was granted without a hearing I am entitled to have this redetermined at my local county court. As this application also falls within 14 days from the original order I understand that no fee is required.

I am applying on the grounds that I am suffering financial difficulties and I am unable to pay the instalment as ordered on xx/xx/xxxx. I have enclosed an up-to-date budget and list of creditors to help the court reconsider the judgment.

As you can see my budget shows I cannot pay the amount specified. I am therefore offering to pay £xx.xx per month towards this debt.

I look forward to hearing from you.

Yours faithfully