Court Order received :(

[xxaria76]

Hi All,

I owed a creditor a considerable sum of money and they have recently taken me to court and won. I accept that I owe them the money.

 

Before the court hearing I sent both the court and the creditor a letter stating that due to my working requirements I would be unable to make the hearing.

I also offered to pay a monthly sum to the creditor - which was also sent to both the court and the creditor.

 

The creditor responded back saying that in order to consider my offer they wanted to see a list of my incomings and outgoings - and they didn't mind that they would get it after the hearing - which I have no problem with.

 

I'm still waiting for the creditor to send me a form in which to do this!

 

however, this morning I get a judgment letter (sent second class) from the court which is dated the 22nd Feb (hearing was on 1st Feb) stating that the full amount is to be paid by the 15th Feb!

This time has obviously long gone but the fact the court sent it second class and its been nearly two weeks since the payment day has elapsed makes me feel that they aren't really that interested in the full payment and are waiting for myself and my creditor to agree a payment amount.

(could be entirely wrong!)

 

Obviously, I can't pay the full amount in one go (its way over 12k) but I was happy to agree a payment plan and it appeared that my creditor was as well.

 

What do I do next? talk to the creditor - or contact the court stating that I can't pay the full amount?

 

HELP!

XXar

[lilly white]

County Court Claims and County Court Judgments (CCJs) : Directgov - Money, tax and benefits

 

have a read

[lilly white]

Redeterminations

[xxaria76]

Help!!

 

Now I don't know what to do

I've not had a chance to reply back and request a redetermination as I've been working non stop since and I was going to do send it out on Monday as according to direct.gov I have 14 days from getting the order to do this.

 

However, in todays post I have recieved a form for an attachment of earnings order from the court - with an incomings/outgoings part to it.

Apparently this was issued because I hadn't paid the judgment as ordered...even though the payment due date was BEFORE I had received the actual judgement

 

This ironically was posted first class on 3rd March and took til today to get here

 

Can I still apply for a redetermination as its within my 14 days?

Theres also a £100 charge for this AoE form, I am not happy as I don't think they've given me enough time.

 

The thing is I would rather pay without an AoE

HELP ..seriously stressed now :(

 

Xxaria

[xxaria76]

Anyone?

:(

[mandyjayne]

xxaria...

 

welcome to cag, i cant help you with your particular situ but if you need help quickly hit your red triangle in the bottom left hand corner leave a message and site team will advise. Looks like you need help!

 

The creditor will more than likely have won just on the basis you didnt attend the hearing..you HAVE to respond to anything within the required time...work commitment/family anything has to take second seat if you want to keep these clowns at bay!

 

all the best with this

 

mj:)

[citizenB]

If you are as you say, within the time limits then you could possibly still go for a redermination.

 

Not sure how you would do that however, will have a look round and see if anyone else has gone through one of these.

[citizenB]

The thread in the following link may have some advice for you. Similar situation.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241308-redetermination-hearing-advice-pls.html

 

You would apply for redetermination on form N245 which can be downloaded from HERE - N245

 

HTH

[mightneverhappen]

You can apply for a redtermination by writing to the court, who will then transfer it to your local court for a hearing.

[xxaria76]

Update...

 

I requested a redetermination and also filled in the AoE form with all my income and expenditure on it - this was this advice of the CAB as they too believed I should be able to request a redetermination but they didn't want me to run the risk of not returning the AoE form within the required time allotted for it.

 

I put on the AoE that I would like a suspended order as it could very likely affect my position at work.

 

Then it all went quiet...

 

I've now heard back from the court, they seem to have completely disregarded my redetermination request and also my request for a suspended AoE order and just hit me with an order for the same amount that I had agreed to pay per month right from the very beginning - even before it went to court.

 

Whats very frustrating for me is today I get a letter in the post from my company as they want to discuss my position at work with a formal hearing regarding the AoE order.

 

I don't see why the court wouldnt a) let me have a redetermination within the time frame and/or at least let me pay back what I said I would directly to the creditor.

 

It was the last thing I wanted was my employer to know

 

Xxar

[citizenB]

Ouch, I dont know what has gone wrong there. I have flagged your post up for site team attention. Perhaps someone will have some idea of what has happened.

[caro]

I suggest that you contact the court asking what has happened about the redetermination?

 

I assume that there is something in your contract of employment regarding debt issues or CCJs? Obviously they know now so you'll have to deal with that issue now too.

 

It may be worth posting a thread about that in the Employment forum.

[Ell-enn]

If there is nothing in your employment contract regarding AoE or CCJ, then your company should not even be discussing the matter with you. Your payroll administrator should apply the AoE in confidence.

 

Did you check with the court that they had received you AoE response form?