Hi all,
My husband has received a CCJ for £6,766 dated 12th Jan. The order states that payment must be made forthwith. He sent off the expenditure form to the court to admit the debt and ask for an installment plan. He also got another claim for a CCJ around the same time (days before this one), and he also sent the expenditure form for this one back too with an offer of payment. This morning he received the full judgement with the court ruling he must pay 5 times what he said he could afford to pay. The thing is, the court have obviously not received the other expenditure sheet for the £6,766. It was posted about a week before christmas, a few days after the other one. Maybe it got lost in the christmas post, but where does this leave him with regards to paying the full amount? We certainly can't afford to pay it forthwith. Who would we contact to ask for time to pay? We don't want them to make a charging order on our home. I don't think he would qualify for an IVA, as I don't think his debts are more than £15,000. I wouldn't trust the creditors to do a DMP. In my opinion, they always move the goalposts once they have you where they want you and put you deeper in debt. How do you think we should best proceed with this? Obviously we are losing sleep over this and need to get it sorted. Hope someone can help! Thanks.
Just wanted to welcome you to the forum. I really don't know enough about CCJ's to advise you, but we have a lot of professional experts who post on here who can advise, so I hang in there and one will be on to help you.
As regards his suitability (or not) for an IVA, you can do them for less than £15,000. Ideally he needs to have two or more creditors with three or more lines of credit.
I recommend that he phones an IP who will tell him of the options open to him. The advice is free. He should either visit www.iva.com where there are lists of companies with reviews, or visit the expert link on the left hand side of the page where the professionals who post on here are listed. They come highly recommended.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Try and appeal the decision and next time go along to the Court yourselves - as the issue of the missing paperwork could then have been rectified and you ought to have been awarded a payment you could afford.
Thanks for your prompt response guys!
Melanie, you say my husband should appeal the order. Is there a specific form needed from the court to do this, or can he just write to the court? Also should he write to the debt company informing them he is appealing? The last thing we want is bailiffs coming to the door adding more to the debt. Also, if he did an IVA could these CCJ's be added to that? The one thing that worries us about an IVA is that we would have to sell our home. Our debts are less than 15K, do you think they would ask us to sell? I will read the threads on here to try and get to grips with how an IVA works, but would just like a bit of reassurance for now. Thanks all.
I don't know to be honest if there is another form - but if you ring up the Court they ought to be able to firstly check whether your letter was received and secondly advise you of how to appeal. Is the Court near to you?
Do you have any equity in your property at the moment? I cannot see that you will lose your home over such low debts, but it is important that you keep both the Court and the creditor informed of your intentions.
Personally I would not be looking at a formal debt solution - such as an IVA until this is sorted out. You may not need one and you could be using a sledgehammer to crach a nut so to speak.
Yes you should go down to the court office, fill out the appeal form setting out all the facts. Good luck.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
