Judgment for claimant after determination

[pgarcia]

I received a claim form from County Court Business Centre Northampton, claimant being Cabot (Lloyds debt) for a debit £6390.04 + court fees + solicitors fees £6900.04
I admitted the full amount claimed and returned a budget sheet and made an offer of repayment of £40.
I then received on 29^th June a Judgment for claimant after determination rejecting my offer and asking me to pay £300 by instalment by 26^th July 2015.
The amount is just unaffordable and was wondering if you could guide me as this is not a realistic nor sustainable amount of money to pay each month. I could stretch to £100 but not £300.
Any help and advice would be greatly appreciated on how to respond.

Many thanks

[pgarcia]

Judgment for Claimant after determination notice

Hi everyone

I am new to this forum and hope to get some help and advice from your experience re Judgment for Claimant after determination notice I have received which is not sustainable nor affordable.

Many thanks

[Amethyst]

Re: Judgment for Claimant after determination notice

Did you make submissions to court before the judgment ?

You'll need to apply to vary the order, but we need to know a little more about it really first.

[pgarcia]

Re: Judgment for Claimant after determination notice

Yes I posted everything before the judgment.
I received a claim form from County Court Business Centre Northampton, claimant being Cabot (Lloyds debt) for a debit £6390.04 + court fees + solicitors fees £6900.04 on 3rd June replied few days later
I admitted the full amount claimed and returned a budget sheet and made an offer of repayment of £40.
I then received on 29^th June a Judgment for claimant after determination rejecting my offer and asking me to pay £300 by instalment by 26^th July 2015.
The amount is just unaffordable and was wondering if you could guide me as this is not a realistic nor sustainable amount of money to pay each month. I could stretch to £100 but not £300.
Any help and advice would be greatly appreciated on how to respond.

[FlamingParrot]

Re: Judgment for claimant after determination

I received a claim form from County Court Business Centre Northampton, claimant being Cabot (Lloyds debt) for a debit £6390.04 + court fees + solicitors fees £6900.04
I admitted the full amount claimed and returned a budget sheet and made an offer of repayment of £40.
I then received on 29^th June a Judgment for claimant after determination rejecting my offer and asking me to pay £300 by instalment by 26^th July 2015.
The amount is just unaffordable and was wondering if you could guide me as this is not a realistic nor sustainable amount of money to pay each month. I could stretch to £100 but not £300.
Any help and advice would be greatly appreciated on how to respond.

Many thanks

If the order was made without a hearing (I assume this to have been the case here), you can apply for a redetermination, but you need to do it within 14 days of the order being made so you are still only just in time. There is no fee payable for a redetermination. If you leave it for later, you'd have to apply for a variation and have to pay a fee.

You need to write to the court enclosing your income and expenditure details as below:

Your name and address

Date

To:
County Court Claim No: 123456
Name of Claimant: Cabot
Claimant’s Ref. No: Account number xxx
Name of Defendant: Your name
Court Name: Court where the order was made
Court Address: xxxxxxxxxxxxxxxxxx

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 29 June 2015. 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


Most redeterminations will require a hearing to be scheduled at your local court.

[Amethyst]

Re: Judgment for Claimant after determination notice

Okay you will need to apply for redetermination. To do this you need form N245. http://hmctsformfinder.justice.gov.u...s/n245-eng.pdf

Might be worth having a look over your income and expenditure sheet entered see why the order is so different to your offer.

You are within 16 days from the order (14 days plus 2 for service) so you might not need to pay a fee, give the court a call to check first - as you might be able to ask for the judgment to be redetermined by letter rather than application. ( CPR 14.13 - https://www.justice.gov.uk/courts/pr...s/part14#14.13 )

[FlamingParrot]

Re: Judgment for Claimant after determination notice

Okay you will need to apply for redetermination. To do this you need form N245. http://hmctsformfinder.justice.gov.u...s/n245-eng.pdf

Might be worth having a look over your income and expenditure sheet entered see why the order is so different to your offer.

You are within 16 days from the order (14 days plus 2 for service) so you might not need to pay a fee, give the court a call to check first - as you might be able to ask for the judgment to be redetermined by letter rather than application. ( CPR 14.13 - https://www.justice.gov.uk/courts/pr...s/part14#14.13 )

Is it 16 days? That's what I always thought it was, but it looks like it's 14, if two days are allowed for service then that would be good news for this other poster: http://www.legalbeagles.info/forums/...967#post558967

[pgarcia]

Re: Judgment for Claimant after determination notice

I have received a Notice of Application for Attachment of Earning order from Reston Solicitors (for cabot).
Back in July 2015 I received County Court Claim and settled for a payment of £125 per month to Cabot.
Unfortunately no other correspondence came through the post so I wrote to Cabot in August asking them to give me the details for me to make payment enclosing the General Form of Judgement order.
Now the Attachment of Earning order has come through the post to return to Basildon Combined Court. Please help how to deal with this. May be I should have sent my letter to Reston Solicitors

Many thanks

[FlamingParrot]

Re: Judgment for claimant after determination

[MENTION=69287]pgarcia[/MENTION] I've replied to your new thread here: http://www.legalbeagles.info/forums/...128#post578128

Let's keep it all together on there. :thumb: