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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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Following A CCJ we have been paying £325 monthly (for past

Customer Question

Following A CCJ we have been paying £325 monthly (for past 14 months) for car repayments. Baloon payment of £4250 now due but solicitors wont accept continued monthly payments of £325. We need to pay full ammount outstanding or car will be repossessed. They willl start proceedings next week. Not willing to negotiate. Is there anything we can do?
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

Is the balloon payment part of the judgment?
Customer: replied 3 years ago.

Yes balloon payment is part of the judgement.

Expert:  Alice H replied 3 years ago.
OK.

If the claimant will not accept payment by instalments, which is probably not surprising as they're following the order of the court, you could apply to vary the judgment for more time to pay. If you bear with me for a few minutes I will write up the procedure for you.
Expert:  Alice H replied 3 years ago.
OK.

Your only option is to apply to the court to vary the payments due under the judgement under Rule 40.9 A of the Civil Procedure Rules.

You have to make an application using form N244 which can be downloaded from the Ministry of Justice website. There is a fee payable is £55.

In the application you must state that you are applying to vary the judgment and:

(a) state the proposed terms;
(b) state the grounds on which it is made; and
(c) include a signed statement of your means.

The court officer will—

(a) send the creditor a copy of the application and statement of means; and
(b) require the creditor to notify the court in writing, within 14 days of service of notification, giving reasons for any objection the creditor may have to the granting of the application.

If the creditor does not notify the court of any objection within the time stated, the court officer will make an order in the terms applied for. If there is objection to the application a hearing will take place to decide the application.
Customer: replied 3 years ago.

Thanks for that.


 


Couple of questions;


 


How long does this process take?


 


Claimant proposing to take action early next week unless they hear from us with a payment date (she suggested at latest the 10th of June)

Expert:  Alice H replied 3 years ago.
It really depends on how quickly you can lodge the application. If you prepare the paperwork and lodge the application with the court say this week then that will delay the claimant from taking further action. They are unlikely to repossess the car while and application to vary is pending.
Customer: replied 3 years ago.

Ok Will do paperwork tonight - do I physically take the paperwork to court? If so, where should I take it? Original hearing was at Luton?

Expert:  Alice H replied 3 years ago.
Yes, prepare the paperwork in triplicate and take it by hand to the County Court. I'm assuming Luton is your local Court and where the judgment was entered. If so go to that Court and they will issue your application straightaway.
Customer: replied 3 years ago.

Great - will hand it in to County Court tomorrow


 


Thanks for that

Expert:  Alice H replied 3 years ago.
No problem. Please remember to take a moment to rate my answer. Alex