ccj and redetermination order

[miliitant]

interesting one this

friend at work contacted myself as he had just been given a ccj and the creditor wanted immediate payment for which he could not afford.

i sat him down and done an income and expenditure form and sent it off to the solicitors offering £20 a month. they came back and demanded £50 or they would send in the baliffs

so fight fire with fire, put an order into the court for a redetermination hearing which has just happened

JUDGE THREW IT OUT, DISMISSED

this was on the grounds that the debtor could not afford EVEN £20 A MONTH ON THE INCOME AND EXPENITURE

so what now, does he

1/ write to the sols and offer say £10 a month
2/ do we have to put in another application for a second redetrmination
3/ can the sols instigate any enforcement

i am at a loss as this has never happened before and the judge dismissing the application on poverty grounds

WHAT IS THE NEXT COURSE OF ACTION

[labman]

Re: ccj and redetermination order

Would need to check over reapplying for a variation of order - I assume you did this with the N245?

If you used the N245, if you are allowed to reapply, get a licensed debt charity to do a CFS for her, and write a supporting letter in support of your friend's situation. See what happens then.

If it is thrown out again, is there an appeals process?

I'm out this afternoon, but I'll try to find some answers for you later on, if you or nobody else has come up with them in the meantime.

Certainly having the CFS from an official body usually helps - I know it shouldn't, but it does. CASHflow is available if they want to have more input themselves into it, though it still needs signing off by a licensed person.

[miliitant]

Re: ccj and redetermination order

i can confirm the application was with an N245

[miliitant]

Re: ccj and redetermination order

just had a call from the chap who got the ccj.

as you know the judge threw out the redetermination order on the grounds that the judge realised that he could not afford to make the £20 a month sugested

today he has stated that HCEO have attended his parents house where he lives.

phone was passed to me and i got the baliff to back off. i was suprised that she was polite and handled the situation in a professional manner

it was agreed that the baliff would leave her contact details and the father would write a letter stating that the belongings in the house were his and that his son was just lodging for the time being and had no assetts

she then left after leaving the details

what i would like to know is how can the claimant instruct the HCEO when the judge threw out the redetermination order on the grounds of affordability.

the ccj exsists, its just he has no assetts to pay it,

does he put in another application for the court again via a second redetermination order
can HCEO still enforce

i cannot understand why the judge just did not do an order of £1 a month for the time being

this is being in limbo

[debbbs]

Re: ccj and redetermination order

Hi,

His parents are under no legal obligation to allow the bailiff entry to their property. That is probably why they backed off. It would probably be wise to put this in writing to the claimant, that they personally are not liable for their sons debts,the property and all its contents belong to them and they do not give permission for the bailiff to attend their property.

If your freind has no assetts and no property they can put a charge on, then the claimant has really screwed up in not accepting the payment. If the courts have not set a monthly payment, then there is no way they can further enforce the judgment.

Really stupid creditor.

Stalemate.

[ploddertom]

Re: ccj and redetermination order

If an HCEO has been then the debt must be for more than £600. As the original Judgment has not been paid then the Claimant is entitled to seek further enforcement. This he has done without thinking of the the fact his debtor has no assets, now appears to be proven by the attendance of the HCEO.

He could wait and see what happens next or he could apply for a Stay of Execution against the HCEO purely on the grounds he cannot afford the fees, there is afee to pay for this but I assume he could claim fee remission.