CCJ issued-need some help please

[sarafaye]

hello
I received a ccj in the mail yesterday, It is a debt with hfc for £550 + costs.
I did send a cpr request after I acknowledged service. They ignored this and unfortunately for me,I failed to submit a defence. Is there anything I can do as they are asking for £150 instalments and the first one is due in 3 weeks.
Thank you for any help.

[thephoenix]

Re: CCJ issued-need some help please

Hiya

Which CPR did you issue against? and why?
What happened with your defence? why did you not submit?

Just askin for clarification and your next move if any

[Amy]

Re: CCJ issued-need some help please

hello
I received a ccj in the mail yesterday, It is a debt with hfc for £550 + costs.
I did send a cpr request after I acknowledged service. They ignored this and unfortunately for me,I failed to submit a defence. Is there anything I can do as they are asking for £150 instalments and the first one is due in 3 weeks.
Thank you for any help.

Sara, do you mean you sent a CCA request? If so, who did you send it to?

[sarafaye]

Re: CCJ issued-need some help please

Thank you for your fast response. I sent cca request to hfc and received the agreement which looked to be in order. I was making token repayments on the account and restons solicitors then issued a claim when I had got behind (major health problems) I acknowledged service on line with mcol then decided to send a request under CPR for all the evidence/documentation they would be relying on in court.
I failed to submit my defence in time through sheer neglect of my situation. Now I'm in a complete mess, sorry.

[thephoenix]

Re: CCJ issued-need some help please

no need to be sorry, we've all been there and are wearing the t-shirt

I'm no expert on CCJ's but you can get it removed if you can pay the debt within 30 days of issue.

If not then do you know if there have been any penalty charges on the account in question?
They cannot just ask for £150 pm, was the figure set by the court? you can contest the repayment amount and get it reduced.
As for issuing a request under CPR, did they sent you the initial claim? or any witness statement or statement of evidence etc.?????

What did they send you exactly regarding the claim against you???
Was the debt an outstanding loan balance ?????

sorry more questions.

[sarafaye]

Re: CCJ issued-need some help please

Thank you thephoenix.

I had a claim form in November and acknowledged service. The debt is for an outstanding loan with hfc which I fell behind with. There are no penalty charges on the account. I had fallen behind with my repayment plan so they issued the claim against me. I was going to defend on the basis I had never received a default notice.

It looks like the court have set the amount to pay. That amount of £150 is not far off my fortnightly income!!! So I need to be able to ask for them to accept a drastically reduced figure. Plus I want to mention that they ignored my request for documentation.

I thank you for your response. I think I'm panicking because it seemed to happen so quick.

[Amethyst]

Re: CCJ issued-need some help please

Hey sarafaye

Don't Panic hun.

Firstly hav you the judgement letter from the court - setting the payments at £150 - if so can you type it out for m or scan it in.

then we know the actual situation.

You can go back to court and ask for redetermination. ie. ask to have the amount altered to suit your circumstances. This will mean doing a personal finance breakdown and showing the court what you can afford.

HFC use the MCOL online service t put their claims through, they are often just rubber stamped through by the courts with not a lot of contact with the defendant.

They also whack a 16% odd charge on your account when they send it to court, but I think if you have the CCJ you are too late to d anything about that.

If you have the original claim form, it wuld be useful to see HFCs particulars of claim.

Give me those couple bits of info if yu have them and we'll get started on a redetermination application.

You need to pay at least something each month for the moment, so if you cant do the £150 send them £50 and show the court you are trying to make the payments.

I have been there too hun with HFC (they used restons solicitors - my ccj is fdor 6k odd and I pay £63 a month)

hope that helps, get back to me xxxxxxx

love

ame
xx

[sarafaye]

Re: CCJ issued-need some help please

hello ame and thank you for your reply.
The original claim form POC is as follows,

The Claimant is licenced under the Consumer Credit Act 1974.

The Claimant claims the full balance outstanding in respect of credit issued by the Claimant to the Defendant.

Under the terms of the agreement the balance should have been paid to the Claimant by 08/02/06.

Amount which the Defendant agreed to pay to the Claimant £1250.00

Less amount paid £700.00

Balance claimed £550.00


The CCJ states,

You must pay the Claimant £550 for debt and £147.00 for costs.

You must pay the Claimant a total of £697.00 by instalments of £150.00 a month

The first payment to reach the Claimant by 4th February 2008

Dated 12th january 2008


Sorry, I have to write it all, hope you can understand it all. Can I write to the Court to offer less or can I write something for HFC/Restons?

I have to say I cannot even make a £50.00 payment. How bad is that? I suffer with epilepsy,so I find it all a bit overwhelming at the moment. thank you kindly for your advice. xx

[Amethyst]

Re: CCJ issued-need some help please

Thankyou so much sara. Restons are arse's - they just never bother replying to your letters or requests for info.

The court has determined the payments at £150 a month. this was without seeing your financial statement or anything s is a off the cuff figure. Looks like they havent added a load of charges on. How much was the original loan for ?

You need to write to ask for redetermination. I have to go get kids from school now but will help when I get back. Sapphire has just been through this process so should be able to give you a hand too.

You have till 4th February to sort it out so don't worry.

(((((((((((((((hug))))))))))))) for now and be back in a little while.


What you can be doing is your financial statement. This is only a list of all incomings and outgoings from your account - as well as a list of creditors and the amounts you owe. Include food, transport, clothing etc. Have a lk on CCCS - Free Debt Advice from the UK's Leading Debt Charity theres an outline plan on there some where.

If you work through that you'll have a better idea what you can realistically afford - and if you feel able to post it up on here and there might be sme other bits you can do to make things a bit easier for you.

one more Q - do you own your own home ?

Don't worry - its sortable

[Sapphire]

Re: CCJ issued-need some help please

Hello sarafaye,
I have had a read of your thread hun and first thing I can say to you is 'don't panic' there is nothing that cannot be sorted one way or another. As Amethyst states yes I have been through the process and its basically a case of writing the appropriate letters to the right people.
First you should get yourself an income and expenditure chart made up and saved as soon as possible, as without that you cannot see where you are, and how much you can afford etc etc. Here's a guide General Debt - A Self Help Forum - Legal Beagles
Next you need to write to the court to ask for your payments to be redetermined, don't worry its pretty standard and we can help you along the way, you just need to put your own details and reasons in, here's a link to my thread Legal Beagles the redetermination letter that was finally sent is on # 102 you can get a general idea from there.
Have a little go at writing it up and Amethyst and I will keep and eye and help you along.
If you need anything else, a chat or whatever please pm me.

[sarafaye]

Re: CCJ issued-need some help please

hello sapphire
many thanks to you and ame for the kind help,this is very much appreciated. I have started an income and outgoings sheet. I have most of my "debts" under control in as much as I make regular token payments monthly. When I got ill and had to finish work I just wrote and told my creditors,so far, I've been fairly straight. This company though wanted more than I had. I'm facing similar threats of court action from Provident who have passed me over to a DCA.

To answer a question from ame, I don't own my property-it's Council.

Thank you both so much, I feel a lot better with the help and guidance. I'm more bothered about the amounts to offer as I feel sure whatever it is it will be rejected and I'm worried of the consequencies. I have not a great amount left to live on as it is.

I will post up when I can get through some sort of letter as you suggest. thanks again. sara xx

[thephoenix]

Re: CCJ issued-need some help please

Try not to worry about it all Sara. They can't have what you ain't got.

I had a similar problem with 21 creditors, 17 agreed to £1 per month for at least 6-12 months. None went as far as court but thing can be sorted.

Please don't think about making them happy by offering what you can't afford. You are the most important person in your life (barring family and kids of course) not your creditors. They will try to make you offer/pay more than you can afford.....stick to our advice and you should not go far wrong.

Can we offer any help with any of the other creditors???? Is there a chance that any of them may just write off the debt due to your personal circumstances????
If you don't ask... you don't get.

We are ALL here to help in anyway we can. Many of us have been in the same situation. If you haven't already, it may be worth having a read of some of the others threads on here, if only to give you more confidence and a brighter outlook.

[sarafaye]

Re: CCJ issued-need some help please

hello the phoenix,
thank you for your words. I have been reading a lot of the threads for many weeks. I think you are all superb in helping people the way you do.

My other debts up to now have not given so much worry as most of the creditors accepted my small repayments.

I do have Provident lurking in the undergrowth. I have been making token payments and have almost certainly repaid the principal loan amount just leaving their horrid interest rate as owing. They have passed me to a DCA who provided me with a credit agreement in one hand and a claim form in the other.


I am putting a letter together to ask for the order payments on the CCJ to be lowered to suit my circumstances. I have read sapphires thread (frightening) what she's been through.

Do I mention in this letter the reasons I failed to submit a defence in time was because I was waiting for them to reply to the CPR request? and the fact I was somewhat "hazy" due to health problems?

[Amethyst]

Re: CCJ issued-need some help please

Yes mention that in the letter - they most likely will ask you to do a N244 application but a letters the best starting point.

Waiting for them to reply wont really wash because you are supposed t ask for an extension...but I wouldnt worry - this happens quite a lot.

If they want you to submit an N244 they may want yu t pay a £35 application fee but we'll cross that bridge when we come to it....you can ask for exemption anyway

[sarafaye]

Re: CCJ issued-need some help please

Hello again
Well, I have put a letter together. I'm not sure if it's good enough but it sort of says how it is. I would appreciate some guidance with the correct wording. sara.

To the Court Manager:

REDETERMINATION REQUEST



With reference to the County Court Judgement Ref:********


I am unable to pay the instalment amounts as ordered on 12th January 2008 and submit that this has been set at an unrealistic amount.

The Claimant has been fully aware of my circumstances and was accepting the repayments of £5.00 p.m for many months. I was quite surprised to receive a Court Claim from the Solicitors (Restons) At this point, I made a request under CPR which was ignored by the Claimant. I have never received a default notice which I believe should have been issued prior to Court action.

I would respectfully request the Court to reconsider the Judgment. To assist the Court, I have enclosed an up to date financial statement and list of other unsecured debts.

As you can see, my budget sheet shows I have £18.40 deficit after essential living costs and also have 6 creditors in total. Given my circumstances and considering my finances as a whole I am able to offer £5.00 per month and request the Court set the Judgment
at this amount.

My income is made up of Income Support and Disability Living Allowance. My home is Local Authority Housing. I have my Grandson living with me who receives Carers Allowance for helping to look after me. My medical problems for which I receive DLA are Epilepsy and Heart Disease/prolapsed mitral valve.


I understand that because the Judgment was granted without a hearing and that I am entitled to have this redetermination. If necessary, I believe I may have this transferred to my local County Court.