CCJ: To set aside or ask for re-determination?

[johnny_alpha]

HFC Bank (Marbles)

 

50/month offer rejected - CCJ determined 250/month!

 

1. Whilst admitting the full amount (at the behest of my DM company) - I would like to now defendas it included a sizeable 'collection charge', in addtion to other unlawful account charges incurred - and also request a CCA.

 

Is requesting to have the judgement set aside too risky - should I rather file for a redetermination?

 

2. As my DMP is classed as a 'non-priority debt' - which the CCJ now IS - that means less ££s for the other creditors IF it stays at this lofty amount.

 

I would hope a judge could see I'm trying, no!?

 

3. Would it be better to go the unlawful charge route separately now (at least to have the total amount lowered)?

 

Does a CCJ now mean that all bets are off regarding a F&F offer?

 

Too many questions I know!

[sequenci]

Did the original determination take place without a hearing? who decided the rate of payment? was it a court clerk or a judge? If a district judge made the original determination WITH a hearing, there is no right of re-determination.

 

You could attempt a set aside on the grounds of the collection charge being unlawful, whether or not you get it is open to debate.

 

You will be very lucky to have a F&F agreed on a judgment debt, it's not totally unheard of, however.

[johnny_alpha]

Thanks for your response!

 

Original Judgement was made without hearing - one imagines a court clerk.

 

If I question the collection charge as a reason for setting the judgement aside - and it's NOT set aside - then I lose my right to ask for re-determination, no?

 

Maybe I should pursue that separately?

[sequenci]

difficult one, you only have 14 days to apply for re-determination - this would be based upon the original judgment debt amount. if you're willing to challenge the collection fee then you should consider the set aside.

[johnny_alpha]

I think an initial request for re-determination within the timeframe is free - subsequent to that it's the £35 fee.

 

How long does it take for a set-aside request to be granted/rejected? I'm not into dancing with death with an upcoming 1st payment date - which if I don't make I'm deeper...!

 

I'd love to file both forms - without being spanked by the courts for being over-zealous!

[sequenci]

I think an initial request for re-determination within the timeframe is free

 

it is, request in writing rather than on the n244, some courts get confused when they receive a re-determination request without the fee

[johnny_alpha]

Ok - that I can definitely do - write as opposed to completing the 245, and including my statement of affairs - even though my DMP are NON PRIORITY PAYMENTS (Grrrrr!!!!).

 

Can I ask for an appeal hearing or is the redetermination again done remotely?

 

The 244/Set Aside does carry a fee tho, yup? So the question remains can I do both - could I appear troublesome?

 

Thanks again

[Vulture_Bank]

everybody gets their collection fees removed .... down the lines of penalty charges and this shower have not got any executed agreements either

[johnny_alpha]

Good news of course - can that be enough for a set aside request?

[Vulture_Bank]

http://www.consumeractiongroup.co.uk/forum/hfc-household/93106-marbles-credit-card-closed.html

[johnny_alpha]

That's good news!

[johnny_alpha]

Hi ALL

 

My CCJ was set aside - so I can get that transferred to a local court and have a jolly good go (especially as their CCA provision has amounted to a mere application), but ...

 

having just checked my credit file the CCJ is already on there?! I thought a CCJ was filed 30 days after judgement - this has not been the case and my request to set aside was made within 16 days - how can this be filed immediately against my credit file?!

 

Ok- the file is pretty shot with defaults, but I'd like to dream of a tidy file!!

[payingonlyencouragesthem]

Hi ALL

 

My CCJ was set aside - so I can get that transferred to a local court and have a jolly good go (especially as their CCA provision has amounted to a mere application), but ...

 

having just checked my credit file the CCJ is already on there?! I thought a CCJ was filed 30 days after judgement - this has not been the case and my request to set aside was made within 16 days - how can this be filed immediately against my credit file?!

 

Ok- the file is pretty shot with defaults, but I'd like to dream of a tidy file!!

 

Of course it shouldn't be there if it was set aside. You'll probably find it will disappear shortly of its own accord but it's worth firing off a complaint to the offending CRA's.