If you returned your court forms (Admission) on time, and the creditor or court concurred that the amount you were offering was reasonable, the CCJ might be paid off with the same amount you used as an affordable payment. This will typically be month-to-month installments.
As long as you pay the appropriate total up to your CCJ in a timely manner, the claimant may not enforce debt liability repayment aggressively. If you are a homeowner, they can apply for a charging order to protect the debt against your residential or commercial property.
If you do not manage, your CCJ the claimant can begin taking more enforcement action.
If you really did not return the forms in time, or you have been asked to pay greater than you can afford you have two options:
These options are discussed in more detail in the areas listed below.
If you did not return your admission form on time, or if the financial institution/claimant and court really did not agree with the amount you offered to pay, you might obtain a CCJ, which you cannot manage to pay.
This could be established with month-to-month installments you cannot pay for, or it might inform you to pay the entire amount immediately. The term “forthwith” is used to define this on the CCJ judgment letter.
For the most part, you can ask the court to reconsider yet you need to act swiftly.
You make an application for redetermination by contacting the court as well as enclosing a copy of your budget plan revealing the quantity you can pay. We have an example letter you can use to do this.
If you are original, a Court officer decides CCJ repayment, when you apply for redetermination a District Judge will examine your form and decide what the rate of payment must be, generally without a hearing.
Yet if a District Judge (County Court Judge) chose the original CCJ repayment, you will be asked to attend your local County Court hearing centre for a hearing to decide the new rate of payment plan.
If original CCJ payments were made by a District Judge at a hearing, you will not be able to get a free redetermination application. This does not happen commonly because most CCJs are made a decision by court officers with no hearing.
This procedure asks the court to change the repayment installments if they are too high or unaffordable by the defendant.
You can request variation any time if your financial circumstances change, yet there is a court fee payable for such application. If you are on a low income, you may be able to get this very free using the form EX160.
To look for variation in your monthly payment, you need to fill in court form N245. This is similar to the N9A admission form.
You send the completed N245 form to the court with an appropriate fee, or with proof that you are exempt from court fee, use form EX160.
The court will send out the N245 form to the claimant to inspect if they agree with the new instalments. If the claimant does not agree, the court will certainly make a decision for a reasonable payment. Normally this will be done without a hearing.
The court will then write to you with details of the new instalment. There is no guarantee the CCJ instalments will be set at the amount you chose to offer.
To avoid the risk of your creditor/claimant beginning further enforcement action, if you’re applying to differ the CCJ you’ll be required to maintain paying the instalments agreed in the initial CCJ judgment letter until the court contacts you with details of the new repayment. This can take a couple of weeks.
You might be able to obtain a CCJ cancelled if it needs to never have actually taken place in the first place. This is referred to as “Set aside”.
If a CCJ is set aside, it puts you back in the position you remained in promptly before the judgment occurred. This indicates you will obtain a chance to put forward a defence against the CCJ if you missed your chance to do this when the forms were first
There is a 255 pound court cost to set aside a CCJ (March 2019), and you will be required to attend a hearing. If you are on a low revenue, you may be able to get this free of charge using the EX160A form, which can also be completed online. We suggest you call us first if you are considering this option.
If you do not have an excellent argument to show why the CCJ should never have occurred, putting it apart is not likely to work. We advise getting further advice before you apply to set aside a CCJ.