CCJ issued-need some help please

[sarafaye]

Re: CCJ issued-need some help please

hello,
I had been in hospital for 3 days so not able to be in touch.
To keep you updated, I have not heard anything yet from the court or the solicitors. Is this good or just too early for a reply?
Thank you. Sara

[Amethyst]

Re: CCJ issued-need some help please

Hope you're okay hun xxxxxxxxx

I think you're okay for a bit so don't worry am just going to go back check dates etc.

yep you're okay. In the meantime if you can be paying the amount you are asking for it to be redetermined to - ie £5.00 per month - to the claimants - rather than just paying nothing - this will help more further down the line and show you mean what you say etc.

[sarafaye]

Re: CCJ issued-need some help please

Thanks Amethyst.
I will send a payment to them tomorrow.

I got a letter from Northampton Court today saying the case is to be transferred to my local Court, and a date will be decided for the redetermination hearing.

I shall dread going to this....(panic attack)

I would like to thank you all so much for the advice and guidance given. I have been able to have a couple of weeks stress and worry free.

luv sara xxx

[sarafaye]

Re: CCJ issued-need some help please

Hello
I got a nice surprise today. I had a letter back from the solicitors and they say in view of my current circumstances their clients are prepared to accept a minimum of £5.00 per month.

I shall send a letter to acknowledge this. They have not mentioned how this is to be repaid, whether to them or the court.

So, many many thanks to you all. I can sleep good tonight about this one. I can wake up tomorrow and worry about the next on my list......................

[Amethyst]

Re: CCJ issued-need some help please

WOW thats great news sara.

Make sure you keep the court informed, and confirm back to the solicitors in writing with the first payment if poss. You will need confirmation that your redetermination request is withdrawn ONLY on the basis that they have agreed to £5 a month.

If you get a chance can you type out the letter you got from the Sols in full. Just so we can check things and help with the next letters (which SHOULD be the end of it for you)

Well done honey xxxxxxxxxxxxxxxxxxxxxxxxx

[thephoenix]

Re: CCJ issued-need some help please

well done sara :first:

[enaid]

Re: CCJ issued-need some help please

Well done Sara, glad this ones done and dusted. Never mind waking up worrying about your next one, take a deep breath and get your info on here. Someone will help sort it out for you Enaid x

[sarafaye]

Re: CCJ issued-need some help please

hello
Thank you very much,you are all very kind. This is the letter they sent. I've re read it and now I'm not sure it looks as good as I thought,please say it is.

Thank you for your letter dated 19th january.

We have previously provided copies a copy of the agreement and a statement of account which was delivered to you by recorded delivery.

When you filed your response to the claim we tried to send our response,again by recorded delivery but as the enclosed envelope shows the letter was not called for.

A copy of this letter and contents together with our refusal of your offer of payment has been sent to the court. In view of your current circumstances, our clients are prepared to accept a minimum of £5.00 per month.

[Amethyst]

Re: CCJ issued-need some help please

Hiya Sara

Thanks for doing that. We're having a think back in a tic.

Ame
xxx

[Sapphire]

Re: CCJ issued-need some help please

Hiya Sarafaye,

Personally I would write back to them explaining why you didn't collect the recorded delivery letter ie you didn't get a card or whatever, and whilst you are at it get them to clarify that they are definately accepting £5.00 month, just for your records of course.

Also I would enclose a cheque for £5.00 and as many postdated (all dated the same date for each month) cheques for £5.00 that you can hun. That way you are showing your commitment to paying this debt and if it did go before a judge again, you can prove your commitment and that goes a long way in the judges eyes.

Then you can carry on with redetermination and show you are making payments at the same time.

[Amethyst]

Re: CCJ issued-need some help please

Rightio Sara.

Have had a long chat with Amy and Pkea regarding this letter.

this bit is concerning

A copy of this letter and contents together with our refusal of your offer of payment has been sent to the court.

In view of your current circumstances, our clients are prepared to accept a minimum of £5.00 per month.

Part 1 is regarding your offer of £5 a month. So this doesnt really scan with part 2 does it.

Being the suspicious cynical bunch we are - we feel it is an effort to make you feel its all sorted and you can relax and pull out of the redetermination hearing, before they then say ah haaaaaa but we said a minimum of £5 a month so we'll have £100 a month please. Does that make sense ?

So what we think you need to do is this;

1) Send a copy of that letter to the court - to be added to your file and to be considered in ther redetermination hearing. If the court has it they have shot themselves in the foot a little.

2) Reply to the solicitors, saying thank you for your letter confirming your clients would be willing to acccept a minimum of £5 per month. I intend to proceed with the redetermination hearing in the court to enable us to reach an agreement on an exact figure for repayment of the county court judgement totalling £xxxxxx.



So its not over just yet hunny sorry. We really don't want them to screw you over 2 months down the line.

It is quite likely the judge will handle the redetermination in box work (ie. without a hearing) , cause its basically looking at your financial circumstances and deciding what you can afford and the fairest way to proceed.

And don't forget we are with you all the way.

If you want to have a go at letters and pop them up here then we can check before you send them.

And yes - keep paying the £5 you offered on a monthly basis.

:kiss:


( I would ignore their crap attempts to confuse you with the recorded delivery letters too btw)

[sarafaye]

Re: CCJ issued-need some help please

Thank you again Amethyst.
Everything you've said makes sense. I just got excited that they said they were going to accept the offer. I shall do as you suggest and put up a letter for you to correct.

sara

[sarafaye]

Re: CCJ issued-need some help please

hello
This is as far as I've got with the letter for the solicitor.

Thank you for your letter dated 29th January 2008. The contents are duly noted.
With reference to the recorded delivery, I had no notification regarding this and I will contact the sorting office to place my concern.

Please find the enclosed postal orders x 3 @ £5.00 each. I thank you for your acceptance of this minimum payment. However, I am somewhat concerned at the paragraph regarding this acceptance;

“A copy of this letter and contents together with our refusal of your offer of payment has been sent to the Court. In view of your current circumstances, our clients are prepared to accept a minimum of £5.00 per month.”

I shall continue with the hearing for a redetermination as my “current circumstances” are not likely to alter for some time due to my medical condition(s) and for this reason, I feel it would be in my interest if the court dealt with this matter.

[sarafaye]

Re: CCJ issued-need some help please

hello again

This is for the Court.....Not sure if I address to court manager or the Judge. Do I need to add anything further?

many thanks
sara

[sarafaye]

Re: CCJ issued-need some help please

Forgot the letter.......... see,I'm losing the plot now!!





Dear Sir
Please find enclosed documents as furnished to me by the Claimant.
As you will see, the claimant very kindly accepts a minimum repayment of £5.00 per month. Within the same paragraph the claimant also states they have furnished the court with a refusal of my offer.
This seems somewhat contradictory to me, so I respectfully ask the court to consider this same offer and set the judgement at £5.00 per month.

I have further explained to the claimant that my medical condition(s) are unlikely to alter drastically anytime soon and I therefore see no real improvement in my finances.