mbna_redetermination_question

[vinro]

Hello all,
newbie here.
Two questions to kick off with...

Am requesting a redetermination with regard to CCJ issued by Restons forMBNA.
My question is... if the hearing judge decides, for whatever reason,
that the monthly payment as set in CCJ is an acceptable amount is there any form of immediate 'appeal' I can lodge ?

Is there a recognized procedure to follow should this be the case ?

Also does the judge ask any questions ?
ie can I ask to make a statement or explain anything ?
Can I ask that any future move to a charging order be prohibited,
citing behaviour of other creditors as reason ?

look forward to any replies with interest.

Vinro

[labman]

Re: mbna_redetermination_question

• If you cannot afford what the court has decided you should pay, you can apply to the court to look at your offer again. This is called a "Re-determination". There is no fee for doing this. You must do this within 14 days of getting the Order. You can do this by simply writing a letter to the County Court. Quote your case number. Attach your personal budget sheet and explain why you disagree with the order the court has made.
• The "Re-determination" will be done by a District Judge. Where an order was made by the court staff, the District Judge can decide to have a hearing or make a decision by looking at the papers. You can ask for a hearing when you write to the court to ask them to look at your case again.
• If a District Judge made the original order without a hearing then the "Re-determination" of your offer must be decided at a hearing.
• If there is a hearing, the case will automatically be transferred to your local County Court so you can attend. The court will give you a hearing date. You must go the hearing which should be in the District Judge's rooms (in private). Take a copy of your Personal Budget Sheet.

WARNING: If a District Judge made the first order on how much you should pay at a hearing you cannot apply for a "Re-determination" but must apply for the monthly payments to be reduced or "varied".
(thanks to bankruptcy-insolvency.co.uk)