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UK Solicitor John
UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 319
Experience:  8 years legal experience
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If ccj has been registered against me then I make an

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Hello, if ccj has been registered against me then I make an application under N244, to set it aside
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Yes, the application was not successful the judge dismissed the application as didn't see we had real chance of defending claim, how long do I have to pay ccj. First hearing on 31st july, then n244 hearing on 11 oct
Assistant: Where is the property located?
Customer: Not sure I understand
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: How much is cost
Assistant: The Expert's answer will cost $10 to $100, depending on the issue type and time to respond. You'll see the exact amount on the next page and can decide then. It's way less expensive and more convenient than any face-to-face visit.
Customer: Ok, this is in dollars. Do they know uk law?
Customer: replied 15 days ago.
As the original contested judgement was issued on 23 july 2019, we would have originally has 30 days to pay, as we went back to court hoping to set aside judgement and it was dismissed we want to know if we have 30 days from 11 October 2019

Yes it’s from the date of the latest judgment. You have 28 days to pay it off.

Hope this helps please leave a rating. Kind regards, John.

Customer: replied 15 days ago.
Thank you. Also we did not receive another judgement. The court order states that title: general form of judgement or orderIt is ordered that 1. Application dated 30th july 2029 is dismissed.
2. Defendant to pay the claimant costs...
Dated 11 oct
Customer: replied 15 days ago.
Is this call charge part of trial? Or an extra cost

Do not accept the phone call. Unless you want an expert to call you but it would cost you £44. It comes up automatically by the site and I have no control over it.

Customer: replied 15 days ago.
It would be better when my husband is available, as it is his case

Does the latest order give you a date to pay the order by? Normally it’s 28 days but if you appealed it would not be enforced yet. But if it had been dismissed then the time will start from the date of the latest order.

Customer: replied 15 days ago.
I spoke to another solicitor about this, he said their is no deadline as this will now revert to previous dated judgement 30th july, so we are confused. He also said he could write to them on his return on 11 nov and ask negotiate a full and final sum to see if they would except, but we are worried that we will miss the deadline, which if is 28 days will be this Friday
Customer: replied 15 days ago.
There is no date written on the order stating when to pay by. We have checked the credit file and it hasn't been registered. Online it says its usually registered in a day or two. The solicitor we spoke to says maybe administrators have missed it???
Customer: replied 15 days ago.
We didn't appeal as solicitor says laws around this must show the judge has lawfully not followed protocol so any appeal made would be weak. We made application n244 to set judgement aside. As we never knew the previous case was brought forward as it wasnt received in post.
Customer: replied 15 days ago.
Do the case relating to setting the ccj aside was heard on 11 oct 19. We acted in person against Lowell.
The judge didn't give us much chance to say much nor could we ask questions so are you saying that we have 28 days from order dated 11 oct
Customer: replied 15 days ago.
are you saying that we still have 28 days from order dated 11 October to pay this in full, then ccj can still be removed.

Did you ask for any enforcement action to be stopped or stayed until your application to set it aside is heard? You can include this on your N244 I assumed you did. If so then it will be reset. If you didn’t then it will revert to the original date.

Customer: replied 15 days ago.
We didn't know or think of this. We assumed that when we made application in person the old claim will freeze until a decision is made.
So it seems that we should have paid approximately 27th August, which we haven't. What can we do now to prevent ccj being registered
Customer: replied 15 days ago.
This means it reverts to 30 July 19 when original judgement was made which is over one month ago. Worried as we want to pay it off, obviously do not want on file.

Yes if it wasn’t requested to be stayed then it’s the original date. You have stated it isn’t registered yet though, so what you can do if it’s difficult to pay it off at once is ask the court to vary the judgement. This means an agreement to pay it off in monthly payments. This way it will not be added to the register.

Customer: replied 15 days ago.
Are you saying the judgement would not be added to register.... I thought all ccj are registered on the credit file for 6 years unless its paid within one month of issue. My husband is prepared to hide his shame and borrow and scrap from our close family members to pay this off. It's not guaranteed that we would get the full amount, however if we did do we still have chance of it not being registered against us. This would very much affect our business, credit etc.
Customer: replied 15 days ago.
What claim do we fill in to vary the judgement? The judgement is for £23,000. We were paying £50 to Lloyds, which was being paid to lowell. We then received a court order from lowell despite them receiving payment, as debt was sold to them. When we received claim form we defended it straight away, then fast track ...done...then hearing, then this.
Customer: replied 15 days ago.
now we are faced with this large debt, how do we go about varying this order, can you do this for us? How much will this cost

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.

Redetermination

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.

You should:

  • 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

Hello I will be in work today so I may not be able to reply until this evening. I hope I have assisted you and if so, please take a moment to provide a positive rating. If you have any further questions then please let me know but note my response will not be immediate. Kind regards, John.

Customer: replied 14 days ago.
That all makes sense.
My husband has phoned Lowell today to find out the situation regarding time to pay ccj.
Lowell have confirmed that a ccj has already been registered but it may not show up on all credit reference agencies straight away. It will remain on the file for 6 years. However if settled in full then it will be changed to satisfied but the full amount will need to be made.
They have reinstated the DD for sum of £50 per month and this will stay in place unless if he honours it.
He asked lowell about varying the order they said as an agreement has been set, there isnt a need to contact the court anymore.

They have confirmed that the judgement is for £19,500.
Customer: replied 14 days ago.
Since taking out the loan in 2007, £7,442 has been paid to Lloyds TSB.
£2700 of that amount was paid to Lowell via Lloyds at a rate of £50 PCM.
When the loan was originally taken out it was for £18000. Then when the loan was sold to Lloyd's the interest was capped.
Q1: How is it that the loan repayment is £19,500.
Q2: Can we challenge the amount we owe.
Q3: Can Lowell allowed to charge more than we originally borrowed?
Q4: Lowell did not supply us with a
Consumer credit agreement, should they have done so? If not, can that work in our favour...by any means?

You will need to enquire with them about the added interest, I cannot answer that sorry.

Hello. Please take a moment to provide a positive rating for my time in helping you. I would be grateful. Thank you.

Customer: replied 10 days ago.
One last question, if we find out that lowell have the wrong amount on judgement, how can the amount be changed?
Customer: replied 10 days ago.
How do I cancel subscriptions?

Please rate my answers so I can continue answering further questions for you. Thank you, John.

UK Solicitor John and 5 other Law Specialists are ready to help you

Thank you. If the amount is incorrect on the judgement, then you will need to inform the court of what you believe the amount should be. It has to be agreed.
If you wish to cancel your subscription, please email our customer service team and they will apply a refund. Please let me know if you have any further questions. Kind regards, John.

 

Customer: replied 9 days ago.
Thanks! In what manner do we advise the court?
Customer: replied 9 days ago.
Also is there any law to confirm how much a debt collector can collect. Ie. In this situation approx. £5000 of 18,000 were paid to Lloyds and approx. Let's say £2500 paid to Lowell. Then lowell should be claiming £18,000 less £7500.

I can take this matter up with Lowell but want to know first what the law says about lowell asking for more than is outstanding. Hope this makes sense

You can make an application to the court using the forms noted above and including a covering letter advising what you believe the correct amount to be and where possible evidence of that.

I would take it up with them first but if it is not to your satisfaction then you should look for a civil litigation lawyer to look into the matter for you. You can access them either through a google search or by looking on the law society website where you can filter it to have one which is located close to your residence.

Customer: replied 8 days ago.
Hi John
Other than disputing the amount owed, can you think of any other way to remove judgement.

It is not showing up on Equifax whom we pay monthly, I'm not sure about any other reference agency or how to check.

Lowell haven't gone about things in the right way, despite payments being made. They've just gone for the kill which has been very harsh.

Hello. Not particularly as judgement relates to quantum, so disputing or paying it off in full.

 

Other agencies are Experian and TransUnion (formerly Callcredit)