If a County Court Judgment is issued you must then repay the debt owed. However if you cannot afford the CCJ Payment as ordered you can apply to change the payment terms.
Included in this article:
- Re-determination of a CCJ
- Apply for a Variation of a CCJ
- How to ask for a Variation to be reconsidered
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Application for the Re-determination of CCJ payments
If you act within 14 days of a CCJ (County Court Judgment) issue date you can ask to the court to review the CCJ payment you have been asked to make. This is called Re-determination. There is no charge for this process.
You must write a letter to the Court which issued the Judgement asking for the payment terms to be reconsidered. You will need to explain why you disagree with the payment originally ordered.
If the original CCJ was granted without a Hearing then the re-determination must be decided at a Hearing. The case will automatically be transferred to your local County Court. You will be given a Hearing date which you should attend.
When you write to the Court remember to quote your CCJ reference number. You must also also attach your income and expenditure statement clearly showing your disposable income.
Application for the Variation of a CCJ
It may be more than 14 days since a CCJ was issued against you. If you now feel you cannot afford to pay the CCJ payment requested or cannot keep up with the instalments you can still ask the Court to change the repayment terms.
To do this you will need to apply to the Court for a Variation of the Order. This has to be made using an application form called an N245. Once you have completed the form must send it to the Court together with a £50 fee.
The court will send your new offer of payment to the creditor. If they accept the court will issue a new order for the instalments you said you could pay. If they do not the court will look review the information and decide how much you should pay.
How to ask for a Variation of a CCJ to be reconsidered
If after applying for a Variation you still do not think you can afford to pay the new instalments you can ask the Court to ‘reconsider’ the order.
To do this you must write to the court within 16 days of the postmark on the varied order. Give your reasons why you don’t think you can pay the amount the court has ordered you to pay.
The court will arrange a private hearing for you and the creditor to discuss your payments with the district judge. If the Judgement was not made in your local court the case will automatically be transferred there before the hearing is arranged.
You must always attend any CCJ reconsideration hearing which will be held at your local County Court.
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