went to hearing to get ccj set aside and lost

[martinjacob]

Hello, in June this year I had a warrant of control sent to me. I got in touch with court who advised I had a ccj from 2012 and the solicitors shoosmiths were doing this. I do recall having some papers from bryan carter and what looked like papers from northampton court in 2012. however I phoned up the court and it seemed the papers were not real. I was notified in june that I do have a ccj from arrow global guersney, and shoosmiths is acting for them.I filled in relevant form to get ccj to set it aside and went to hearing, however shoosmiths sent a solicitor and maintained they had sent three letters to me in the month of June. On those grounds the judge found in favour of Arrow. I genuinely am baffled by this debt, it is true in 2009 my wife and daughter became very ill, we lost our home, I became a full time carer and we now live on income support and disability benefit in a rented house in receipt of housing benefit. Now Shoosmiths are getting nasty saying they want payments of £158 a month, saying my wifes dla should cover it in a roundabout way. I want to request original cca from them, can I still do that if they already have ccj against me ? and can I go to court again and ask for it to be set aside if they can not give proof of original cca. many thanks.

[Amethyst]

Re: went to hearing to get ccj set aside and lost

When you say Shoosmiths are getting nasty what exactly are they saying ? Presumably they have written to you asking to come to a payment arrangement on the CCJ ? And you've not been paying anything to date ?

What you would need to do is apply to court to vary the judgment order - this is the N245 - which will enable you to submit your income/expenditure to the court and for the court to set payments, so that Shoosmiths / Arrow can't keep on badgering you to increase them to amounts that are not affordable. ( this is the form - https://formfinder.hmctsformfinder.j...k/n245-eng.pdf - there is a £50 fee but you may be eligible for fee remission so check with the court )

As you probably already realise you have kind of had your chips with regards the actual judgment/claim - the CCJ was granted in 2012, you applied to set aside and failed sadly, and tbh you only have another year before it falls off your credit file, so it is just a case of keeping the payments under control and ensure you aren't constantly receving hassle off the judgment holder now, and the judgment holder doesn't try going back to enforcement agents etc.

[martinjacob]

Re: went to hearing to get ccj set aside and lost

ok, thank you. yes we did send in an income and expenditure form ,my wife has dla and uses it to pay for disability equipment. we use mobility part for motability. wife has disability equipment from local authority as well. also have eighteen year old who is disabled , similiar to wife , have special beds, wheelchairs, commode, .but we put in wifes dla as income and they are counting it as income. should not have sent expenditure and budgeting form back without getting advice. shoosmiths sent a letter going on about wifes income saying we could afford to pay them £158 a month, because they say wife needs to pay less on her expenditure.

[Amethyst]

Re: went to hearing to get ccj set aside and lost

Yes you should get someone to go through your ie sheet. Did you do that for the court or was it just something you did direct with shoosmiths ?

If you can't get an apt with cab then worth giving national debtline or stepchange a call to help with your income and expenditure, DLA is for specific purposes and Shoosmiths could could with a slap for saying it should be used to pay them instead !

[martinjacob]

Re: went to hearing to get ccj set aside and lost

thankyou ,yes they are not nice ,making suggestions about my wifes income which is solely DLA, she does not get anything else . Just feel like writing them a letter, enclose my income support letter, basically sets out that I am caring for wife, also have disabled daughter, who is 18 and hopefully will be able to go to uni this year,if she can get what she needs, she is in 6th form and struggling because of her condition. my wife is under heart and lung services, and also has multiple illness and disability, . I just want now to say to shoosmiths any extra income is a disability benefit, dla. i did get in touch with cab and debtline, and they say household income has to be included. really think these shoosmith think we have something but we havent. thanks for advice.

[Amethyst]

Re: went to hearing to get ccj set aside and lost

Okay. Did you go through the whole income and expenditure with any of the advice charities?

Do you want to do a pic of the letter from Shoosmiths - see what they are actually saying. ( admin@legalbeagles.info if it's easier to email )

Also - the judgment - it was an order to pay the full amount at once or to pay by monthly installments ?

[martinjacob]

Re: went to hearing to get ccj set aside and lost

no, to be honest wasnt thinking straight, think I filled it in all wrong anyway as I was stressed out regarding my daughter being very unwell in hospital. idiot i was put down my wifes expenditure is paid out to our bank for disability related equipment and also daughter for school and a bed for daughter.wife has bed from local authority , they said in a letter my wife has to negoiate with our bank to make reduced payments in order for me to make a 158 payment to them per month. i would rather if it come to it fill in form with the court , my money left over is zilch anyway dont own a car, have no assets, have nothing really to lose. circumstances will change this year as well. money will go down,