Arrow Global CCJ - variation requested

[Spent2much]

Re: variation denied

Oh! it is a PDF file?

i tired it and it just keeps on this page

[Spent2much]

Re: variation denied

ok i just checked and it has downloaded , must be my pc as it never confirmed it lol

[Spent2much]

Re: variation denied

sent £5.89 to payplan this month because we have put the appeal in and on the order it says first payment to sent to evershods on 11th october so they got a £1 this month because this is what we offered through the court and the judge turned down. I don't know what will happen now but from what i can make out there could be a hearing with evershods and hubby and the judge.

In the letter of appeal, hubby explained that he wished to appeal the judges decision because of the mortgage arrears and that having to pay £27.77 would put into financial harship and we would have to stop paying the mortgage arrears, he also said that he has never missed a single payment since the judgement was granted four years ago and it is only now that the business has taken a decline that he appealed to the court for the variation and that the £1 a month was all he could afford, he also pointed out that if he stopped paying the mortgage arrears then it was likely the mortgage provider would repossess the house and then there would nothing to pay eversheds anyway as the house is in negative equity , so it was his only option at the moment, he also said that he hopes business will improve and it has always been his intention to pay this debt.

[Spent2much]

Re: variation denied

Just a quick update.

We received a new judgement yesterday saying the payment has been reduced to £20 a month .

It says that any affected party can apply for the variation to changed providing the correct form is used to do so.

Do you think its worth going to the court on Monday with a letter prepared and ask them for the correct application form to reduce it the £1 which we asked for in the first place ?

Thank you

[Spent2much]

Re: variation denied

We put another appeal in and hubby explained that the £20 is still going to force us into financail hardship with regards to the mortgage arrears, he also explained to the judge that the original debt is his and therefore it is effecting me even though it isn't my debt by forcing financial hardship, he explained he is self employed and when/if the business improves he would apply again and up the payment and that he isn't trying to get out of paying the debt.

We shall see , maybe the judge just dosen't have a heart and is all for the creditors afterall it was him who let the charge go on the property

[Spent2much]

Re: variation denied

Just received a letter from the court, saying if we wish to apply for a re-determination then the enclosed form N244 needs filling in along with a fee of £80.00

that's right Mr district judge we are struggling to pay our mortgage and bills and you want £80.00 of our money to have a hearing .

complete madness

[kilasuit]

Re: variation denied

Just received a letter from the court, saying if we wish to apply for a re-determination then the enclosed form N244 needs filling in along with a fee of £80.00

that's right Mr district judge we are struggling to pay our mortgage and bills and you want £80.00 of our money to have a hearing .

complete madness

Is it not a standard letter that would be enclosed with all requests for a redetermination?

If so you possibly could get that fee waived

[Spent2much]

Re: variation denied

Is it not a standard letter that would be enclosed with all requests for a redetermination?

If so you possibly could get that fee waived

hubby applied for a re-determination in July and the judge denied it, then we appealed it and he lowered it from £27.77 down to £20.00 A MONTH , we then appealed this and received back today a letter saying

Further to your letter recieved 8 october 2012, the District Judge has said that if you wish to have a re-determiantion then a fromal application and a fee is required.

I enclose an N244 if you wish to apply and the fee is £80.00.

I thought the whole idea of applying to the court and filling out an income and expenditure was for a re-determination and now wonder if we have been wasting our time .

[SXGuy]

Re: variation denied

Its a joke, that someone who needs a reditermination because they cant afford it, has to pay £80 for what could potentially be a No from the judge.

Its like people applying for BR, or the tax man, if you have no money, you have no money, but when its in their favour, funny enough they ask no questions how you managed to find it.

Logically, someone could argue if you had £80, you wouldnt be submitting an N244, but as with most things in life, logic isnt an argument.

[Riz]

Re: variation denied

So that would be an application for a "variation" then.

There is a charge of £80 for that.

But you might be able to get an exemption or reduction on the fee based on:

- Receiving certain benefits
- Gross income below a certain level.
- A means test on net income after essential outgoings

See the remission system and links here:

http://www.justice.gov.uk/courts/fees

[Spent2much]

Re: variation denied

Its a joke, that someone who needs a reditermination because they cant afford it, has to pay £80 for what could potentially be a No from the judge.

Its like people applying for BR, or the tax man, if you have no money, you have no money, but when its in their favour, funny enough they ask no questions how you managed to find it.

Logically, someone could argue if you had £80, you wouldnt be submitting an N244, but as with most things in life, logic isnt an argument.

yes its stupid, i just went on the courts website to see if we can get the fee waived ,but it seems we cannot as we do not claim working tax credits and child tax credits together .

if hubby was out of work he could get the fee waived

[Riz]

Re: variation denied

yes its stupid, i just went on the courts website to see if we can get the fee waived ,but it seems we cannot as we do not claim working tax credits and child tax credits together .

Which do you claim then?

The exemption is if you claim:

"Working Tax Credit but not also receiving Child Tax Credit"

Regardless, have you done the sums to see if you qualify for either of the income based remissions?

[Spent2much]

Re: variation denied

Which do you claim then?

The exemption is if you claim:

"Working Tax Credit but not also receiving Child Tax Credit"

Regardless, have you done the sums to see if you qualify for either of the income based remissions?

we claim working tax credits only . from what i read we need to be claiming both tax crdits and child tax credits together

[Riz]

Re: variation denied

we claim working tax credits only . from what i read we need to be claiming both tax crdits and child tax credits together

No.Wrong way around I think.

It is

"Working Tax Credit but not also receiving Child Tax Credit"

Check with the court.

[Spent2much]

Re: variation denied

No.Wrong way around I think.

It is

"Working Tax Credit but not also receiving Child Tax Credit"

Check with the court.

i hope it is that then , but here is the website maybe you can see if i read it wrong

http://www.mensaid.com/documents/fl/ex160a.pdf