Advice for Redetermination hearing

[Monaogg]

A CCJ was issued in the Northampton Clearing centre which agreed an affordable payment. Circumstances have not changed since and are unlikely to improve until March 2013. No payments have been missed, but it will take a long time to clear the debt at the current rate.

 

The bank has requested a redetermination hearing for mid August. Suspect this is with a view to gaining leave to apply for a charging order (restriction) on the property as a next stage after that.

 

Advice for what to do next is appreciated.

 

Just very annoyed that further court charges will be needlessly added on.

Edited July 29, 2012 by Monaogg

[Monaogg]

Any help please

[AndyOrch]

Hi Monaogg

 

Firstly if the debt is in your name only and your mortgage is joint then at best they could try for a restriction.

 

Redetermiation Hearing

 

 

If you have not already done so, write a letter to your local county court and include your income/outgoings in statement form, include whatever you pay to other creditors, rent, council tax, food etc. etc. any detail of debt management plans (informal or not) DO NOT include anything like Holiday fund, no luxuries, just the essentials

 

In the letter ask that the statement of affairs be added to the case notes, this is very important as it will give the Judge advance notice of your financial situation.

 

The hearing will more than likely take place in the Judges Chambers, not a Court Room. The DJ will look at what you are paying now and what is affordable and set a repayment based on your ability to pay, not what the claimant has requested.

 

If the claimant doesn't attend then that's better for you because the Judge will view that as they don't care and will probably tell you to pay what you are paying now and reject the redetermination application.

 

You will need to take a copy of your income/expenditure, copy of bank / card statements to backup any debt you claim to have, copy of house rental agreement to prove your rent if you have any, and anything that you think is relevent, like letters from the claimant etc. It's likely that you won't need them as the hearing is an informal, but it's best to have the information to hand, especially if you have previously been making repayments on an instalment.

 

Preparation is key here and to having all the information added to the case file beforehand will make all the difference.

 

 

Info on Charging Orders/Restrictions http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=15_charging_orders_in_the_county_court.

 

Regards

 

Andy

[Monaogg]

Thanks.

 

Seems very similar to what was sent for the original hearing. Only problem might be is Overtime. This is very very sporadic and unreliable so was not included in the original statement as to income expenditure.

[AndyOrch]

The Judge will only order an increase if your finances allow for it, and if not the option of securing by way of a Restriction may come into play, but hopefully not as this would have been ordered at time of judgment.

 

Regards

 

Andy