Varying the terms of a judgment

Once you’ve got a CCJ, you need to keep the terms of the order. If your circumstances change, you need to get the court order changed. Failing to do so may result in further enforcement action. See enforcement.
Variations

Varying the terms of a judgment

If you have a county court judgment (CCJ), it’s important that you stick to the agreed terms to avoid any further enforcement action. If you can no longer afford to pay the amount agreed, you can apply for a variation of the order.

judge

It is advisable to apply for a variation of the court order rather than missing payments. If you do not, the creditor can take further action to enforce the debt. See enforcement.

The court may have ordered you to pay the judgment in full at once, this is known as a forthwith order. Forthwith orders are often made when the claimant obtains judgment by default and there is no hearing. You can apply for an installment order to pay the judgment in monthly installments.

To apply for a variation, you need to fill in form N245. You may have to pay a £100 fee which can be waived in certain circumstances. See statement of means.

How to apply

Applying for a variation or an installment order

N245 formFill in your financial details on the back of the form and write in the relevant boxes your offer of repayment. Return the form to the court, with the fee for the application.

If you are on a low income or on receipt of certain benefits, you may not have to pay the fee. You need to look at form ex160a to see if you qualify for a remission.

Once you submit the form with your new offer, the creditor may:

  • agree with the repayment offer; in this case a new order will be made by the court without the need for a hearing;

or

  • reject the offer; in this case the court will decide what you should pay based on guidelines produced by the Court Service. A new order will be made.
If you don’t agree with what the court’s decision, you have 14 days from the date of the new order, to write to the court and ask them to reconsider the order. You don’t need to use a special form and no fee is payable.
Redetermination

Redetermination

calculatorYou can apply to vary the terms of a judgment within 16 days of the order being made. This is known as a redetermination, and applies to cases where the first order was made without a hearing. Redeterminations are often used when the claimant obtains default judgment.

A redetermination can be applied for when the court has made a forthwith order or when the court has made an installment order you cannot afford.

You need to write a letter to the court stating why you disagree with the court order and attach an income and expenditure (budget) form. No fee is payable. See budgeting.

A redetermination can be made with or without a hearing. If the original court order was made by a District Judge without a hearing, then the redetermination must be decided at a hearing.

When a hearing is required, the case will be transferred to your local court. You must attend the hearing and take with your income and expenditure (budget) form.

If the original court order was made at a hearing, you can’t apply for a redetermination but you can apply for a variation of the monthly instalments with a form N245.
You need to keep up your repayments under the original terms of the court order while your redetermination is being processes, until you receive notice that the redetermination has taken place.

Redetermination letter