Really worried about ccj to pay forthwith

[HENRYK]

Hoping that someone can offer some advise as not at all clued up on these matters.

I have today received a " Judgment for Claimant ( acceptance )" from Northampton Court

This is for the amount of £15,000 for an unsecured debt owed to HSBC bank.

When I received the ccj claim form I returned the form to declare my income and expenditure by recorded delivery and made an offer of payment. However this judgment states that they have accepted my offer but require I pay the total debt owed plus costs forthwith. I am very confused now have they accepted my offer or not?

Any help would be gratefully received. Many Thanks

[rebel11]

Hi HENR

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[Jasper1965]

Are you able to scan up a copy of the judgment (blank out any personal details first) or if you can't can you type up exactly what the judgment says please? ie "It is ordered that......"

[HENRYK]

Are you able to scan up a copy of the judgment (blank out any personal details first) or if you can't can you type up exactly what the judgment says please? ie "It is ordered that......"

 

Hi Jasper 1965, it reads To the defendant You have made an offer that the claimant has accepted. It is therefore ordered that you must pay the claimant £14,218.03 for debt (and interest to date of judgment) and £345.00 for costs.

[HENRYK]

Hi Jasper 1965, it reads To the defendant You have made an offer that the claimant has accepted. It is therefore ordered that you must pay the claimant £14,218.03 for debt (and interest to date of judgment) and £345.00 for costs.

sorry forget to add

You must pay the claimant a total of £14,563.03 forthwith

[Jasper1965]

These forthwiths in the face of an offer to repay in instalments are acknowledged as becoming more frequent for whatever reason these days by the insolvency helpline.

 

The attraction for the creditor is that technically you are already in default of the judgment as you didn't cough up the money on the spot and so they are entitled to go for a charge on your property.

 

It's not the end of the world though you still have some options open to you.

 

You can apply to the court for a "Redetermination hearing". I suggest you telephone the relevant court first and just check but you should be able to apply for this hearing by letter rather than by fee bearing form. You must act quickly as you only have 14 days to do this.

The hearing is nothing to be worried about, you attend and cite your reasons for not paying forthwith and basically ask for the installment plan you offered and the claimant accepted to be substituted in place of the forthwith judgment. Be prepared for the hearing though and do your sums well as you don't want to find yourself over stretched.

 

If this fails there is another option a "Variation order" which is completed on form N245 and filed at the court (fee may apply).

 

There's plenty info available about redetermination hearings and variation orders out there and plenty on this site.

 

Can I suggest that you take the opportunity to telephone this freephone number?

 

 

0800 074 6918

 

It's the insolvency helpline and they are quite insistent that those given "forthwith" judgments contact them for advice as these judgments if not properly managed can lead to greater problems further down the line.

 

If you tackle this forthwith issue now you will almost certainly be able to get the repayments you want. Try the redetermination first as it's free and it keeps the variation order safely out the picture in case your circumstances were to dramatically change in the future.

 

good luck!!

[HENRYK]

Thank you for your speedy and concise reply.

[greenk04]

Hi sorry to hijack your thread but new to this site...

I also have a ccj done by Nothants at a stupid payment plan. I applied for a redetermination where the judge changed my ccj to be varied to forthwith.

It also says the respondant be permitted to seek a charge order and the enforcement of that charging order and other forms of enforvement shal not be permitted provided the applicant pay £20 per month.

I have kept upto date with payments but today received an interim charge order. The debt is mine and the property is in joint names.Please help I understood it that as long as I kept to the payments Nationwide couldnt get the charge order yet they have applied.

I am worried about this please advise...

 

Thanks

[Jasper1965]

From what you've written they are entitled to secure the judgment debt by getting a charging order but are forbidden from enforcing this co so long as you pay £20pm.

[greenk04]

From what you've written they are entitled to secure the judgment debt by getting a charging order but are forbidden from enforcing this co so long as you pay £20pm.

 

So as long as I keep paying I am ok but they will go ahead and place the charge still. Does this mean its just secures then and don't need to worry!!

Thanks for your reply.

[cymruambyth]

Hi, thye have been given permission to apply for the CO, but this does not mean that they will automatically receive it as you can defend this.

[Ganymede]

So as long as I keep paying I am ok but they will go ahead and place the charge still. Does this mean its just secures then and don't need to worry!!

Thanks for your reply.

 

 

 

Yes it means that they can get the CO to secure the debt but can't then try and force the sale of your house provided you maintain payments.

[greenk04]

Hi, thye have been given permission to apply for the CO, but this does not mean that they will automatically receive it as you can defend this.

 

Thanks for this how would I go about defending this though?

[Ganymede]

Thanks for this how would I go about defending this though?

 

 

 

You need to submit a Witness Statement at least 7 days before the FCO hearing stating your objections:

 

Objections can include:

 

1) Negative equity.

2) Sole debt, joint home.

3) Prejudice to other creditors

etc

[greenk04]

You need to submit a Witness Statement at least 7 days before the FCO hearing stating your objections:

 

Objections can include:

 

1) Negative equity.

2) Sole debt, joint home.

3) Prejudice to other creditors

etc

 

Is there a template letter anywhere for this please?

[greenk04]

Hi Also was just wondering my mortgage is currently with santander my deal ends in November this year is it likely I will get just as good a deal as before with them or will it go up considerably because I have a ccj and probably co also?

[cymruambyth]

This not a template, but it is my successful defence against a CO. You may find some ideas for your own defence.

 

I attended with proof of my instalment order and payments. I had submitted my defence a week earlier but then wrote all the bits that I wanted to say but weren't included so that I remembered everything!

CO defence master.pdf

[greenk04]

This not a template, but it is my successful defence against a CO. You may find some ideas for your own defence. [ATTACH=CONFIG]33597[/ATTACH]

 

I attended with proof of my instalment order and payments. I had submitted my defence a week earlier but then wrote all the bits that I wanted to say but weren't included so that I remembered everything!

 

Thank you so much

[Gaston Grimsdyke]

You need to submit a Witness Statement at least 7 days before the FCO hearing stating your objections:

 

Objections can include:

 

1) Negative equity.

2) Sole debt, joint home.

3) Prejudice to other creditors

etc

 

 

The first two of these will never work, they are not defences. The third rarely succeeds, mainly because it's a matter for those other creditors to object if they think they are being prejudiced, not for the defendant. That's the reason the creditors are served with the interim charging order as well. In practice they never object. There is actually no point in the OP objecting to the charge anyway, the whole reason the judge varied the order to a forthwith one was to allow the claimant to get a charging order so it's more or less already decided.

[sleepingdog]

Hi greenk04 , from my own dealings with mortages issue (ref post 16) I found that as long as I did not change mortgage company or increase my borrowings then the company did not run a search to highlight my CCJs when changing mortgage products.

sleepingdog

[greenk04]

Hi greenk04 , from my own dealings with mortages issue (ref post 16) I found that as long as I did not change mortgage company or increase my borrowings then the company did not run a search to highlight my CCJs when changing mortgage products.

sleepingdog

Hopefully I can do the same then.

 

Thanks for all your help guys feel loads better!!

[greenk04]

The first two of these will never work, they are not defences. The third rarely succeeds, mainly because it's a matter for those other creditors to object if they think they are being prejudiced, not for the defendant. That's the reason the creditors are served with the interim charging order as well. In practice they never object. There is actually no point in the OP objecting to the charge anyway, the whole reason the judge varied the order to a forthwith one was to allow the claimant to get a charging order so it's more or less already decided.

 

I kind of thought that too. I need to ask ref freezing all interest as I do remember at the redetermination the representative said they would freeze it if they had a co.

[Gaston Grimsdyke]

I kind of thought that too. I need to ask ref freezing all interest as I do remember at the redetermination the representative said they would freeze it if they had a co.

 

Is the loan regulated by the Consumer Credit Act? I suspect so. If that is the case, then they cannot add interest on to the judgment debt anyway.

[Ganymede]

The first two of these will never work, they are not defences. The third rarely succeeds, mainly because it's a matter for those other creditors to object if they think they are being prejudiced, not for the defendant. That's the reason the creditors are served with the interim charging order as well. In practice they never object. There is actually no point in the OP objecting to the charge anyway, the whole reason the judge varied the order to a forthwith one was to allow the claimant to get a charging order so it's more or less already decided.

 

 

I agree. There is technically no 'Defence' in the strictest sense of the word but some objections are better than none.

 

In all likelihood the FCO will be granted.