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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had a ccj against me 2.5 years ago in relation to a business

Resolved Question:

I had a ccj against me 2.5 years ago in relation to a business matter that I never agreed with. Anyway, I applied to the court with the necessary form and gave income and expenditure, and it clearly showed that all I can afford is £200 a month. The court issued an order stating £500 a month which I cannot afford. I immediately emailed and wrote to both court and solicitors reaffirming this stating there was an error on their part,and had no reply.I sent the £200 first payment last month to the solicitors, and the cheque was cashed, they then email me yesterday stating I have not adhered to the order. I need to contact the court again, how do I ensure they reply and action?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You can write to the Court and ask that the matter be listed before a Judge

Alex Watts :

The court will then list the matter and you will go before a Judge and give your income and expenditure.

Alex Watts :

Once that is listed you take the evidence and the Judge will make a deicsion

Alex Watts :

A Judge is likely to make an award which you can afford.

Alex Watts :

Can I clarify anything for you about this today please?

Customer: I don't live in the UK and was not resident or aware when the CCJ was issued!
Alex Watts :

Ok - you dont need to live in the UK to get a CCJ.

Alex Watts :

But the fact remains you have a CCJ and you need to apply to pay by installments.

Alex Watts :

You can still ask the matter to be referred to a Judge

Alex Watts :

Send in your evidence so a Judge can see it

Alex Watts :

You have rated BAD SERVICE?

Alex Watts :

You asked how do you ensure they reply?

Alex Watts :

I said that you need to make sure that the file is referred to a Judge?

Alex Watts :

Are you asking how to set aside the Judgment?

Alex Watts :

But if you want to pay by installments normally these are dealt with by a Court Officer.

Alex Watts :

You can therefore send in your evidence, ask that the file is referred to a Judge who can make a decision

Alex Watts :

Does that help?

Customer: No I said I had already sent the form and it showed that I could clearly only afford £200 a month, the solicitor wrote to the court reckoning I could afford £500 a month, which reprints more than 25% of income, and would be £300 more than can be seen as available. All I need to know is after having contacted the court and explained by email and letter with copies to solicitor, how can I get this matter resolved. I have previously tried to get this set aside as all communication was originally sent to a UK address. I have found both court and solicitor bad.
Alex Watts :

You had a Court order saying you to pay £500 a month - is that right?

Customer: Yes and the form clearly stated £200 was affordable, and this was ignored
Alex Watts :

Yes and what does the Court order say? Ie before District Judge, or a Court Officer?

Alex Watts :

Are you able to respond?

Customer: No mention of a judge, stamped "The County Court" variation order
Alex Watts :

Ok - then you need to apply to the Court to vary the Order as suggested above and ask that the matter be referred to a Judge.

Alex Watts :

The file will then go before a Judge who will hopefully vary the order to read £200 a month.

Alex Watts :

In the meantime you should continue to pay £200 a month.

Alex Watts :

But you need to write and ask that the file be referred

Alex Watts :

It is likely a Court officer did it, as it is admin. So you need a Judge to look at it

Alex Watts :

I would do this today so it is referred as soon as possible

Alex Watts :

Does that help?

Customer: So clarify this I write to the court and request that the file is referred to a Judge and explain that anyone can clearly see that I cannot afford £500 a month, and yes, naturally I continue the £200 payment
Alex Watts :

Well dont say anyone can clearly see, that implies the person first looking at it is incompetent.

Alex Watts :

You need to be respectful with wording

Customer: I appreciate that!
Alex Watts :

So say something like - I refer to the order dated xxxxx. I have sent an income and expenditure and can not afford the repayments as shown. I kindly ask that the matter be referred to a Judge for re-consideration

Alex Watts :

Does that help?

Customer: It does thank you , do you email a copy of this to me?
Alex Watts :

Once you rate my answer positive the format changes.

Alex Watts :

You can then copy and paste the chat or come back to it at any time.

Alex Watts :

Can I clarify anything else for you?

Customer: No I can now compose a letter to the court, do I need to send a copy to the solicitors?
Alex Watts :

No

Alex Watts :

Just t the Court.

Alex Watts :

Can I help with anything else today?

Customer: That's great thank you
Alex Watts :

Great. If I could ask you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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