I cannot do this for you sorry, but can provide guidance.
There are different ways of asking the court to reduce the payments. You can apply for a 'redetermination' or a 'variation'. Which application you should make depends on how the decision about how much you should pay was made.
You can only apply for a redetermination if all of the following apply.
- You cannot afford the payments that you have been asked to make.
- You admitted the claim and made an offer of payment, but the creditor did not accept your offer.
- If the creditor did not accept your offer, the court sets the rate of payment, but there was no hearing.
Once you have been served with an order to pay the CCJ, you only have 14 days to ask for a redetermination. You can usually ask for a redetermination by sending a letter to the court, although you can sometimes be asked to complete form N244 instead. Check with the court. The case will normally be transferred to your local County Court hearing centre if there is going be a hearing. There is no fee to pay.
If you have run out of time to apply for a redetermination, you may still be able to apply to vary the CCJ.
Explain that you cannot afford the payments you have been asked to make, and say what you can afford to pay. Include a copy of your budget summary.
Tell the court you are asking for a redetermination under rule 14.13 of the Civil Procedure Rules.
Say if you want a hearing. It is usually best to ask for a hearing because it gives you a chance to speak to the judge. If you do not want a hearing, you will need to include a witness statement with evidence to show why the payment should be changed.
If the original decision was made by a judge, the redetermination will have to be made at a hearing, unless both you and the creditor say you do not want one. The court will decide whether the rate of payment should be reduced. The court does not have to agree to change the original order. As long as you stick to any new payments that are agreed, your creditor will not be able to use bailiffs or ask for money to be taken from your wages.
Varying the payment is at the court’s discretion, so it does not have to agree to vary the payment. The court will decide if changing the payment is fair to both you and the creditor. The court will only vary the payments if you cannot afford the payments you have been asked to make. You will have to pay a fee to apply for a variation, unless you qualify for help.
You can apply for a variation using form N245 if:
- you did not reply to the claim form;
- you replied admitting the claim, but did not make an offer to pay;
- you replied admitting the claim, and the creditor accepted your offer of payment; or
- you defended the claim but lost.
You send or take the N245 to the court that made the CCJ, unless the case has already been transferred to your local county court hearing centre. You will have to pay your fee to the court when you give them the application, unless you qualify for help.
You can apply for a variation using form N244 if you admitted the claim and:
- the rate of payment was set at a hearing;
- the rate of payment was set by redetermination; or
- you could have applied for a redetermination, but have run out of time