Quick question on CCJ's

[Curlyben]

If an OC was awarded a CCJ can they then sell this to a DCA ?

 

Would the same apply if this were a FCO ??

[Ell-enn]

The OC can use an "agent" to collect the debt. Equidebt are prize examples of this!!

[Curlyben]

Sorry I'm not talking about an agent here,(CCA s175), but the OC selling/assigning the judgement.

[Ell-enn]

Apologies Curlyben, I was using the term "agent" loosely - I have seen a letter from Equidebt which says "We have been advised that you are in arrears under the judgement obtained against you" a letter had previously been sent to the client from the OC(who had obtained the judgement) saying that the account had been passed to Equidebt. I don't know if it's legal - but it's happening.

[NitrousOxide]

I've asked this before as well. I'd like to know.

I didn't think you could sell a debt on under a CCJ.

If the new owner takes you to court again you would effectively have 2 CCJ's for one debt. Plus 2 courses of action cannot be brought on one account.

How could they enforce the original CCJ? No one apart from the legal owner and solicitor have the legal right to.

[make them aktiv runners]

I vaguely recall reading a thread wheresome-one had suggested a CCJ can only be sold if there is provision under the original terms & conditions, otherwise court has to rule a change.

[make them aktiv runners]

Also recall some-one saying terms & conditions were being changed to take account of above (Barclays?). Similiar thing also read on charging interest after judgement.

 

Just read a recent MBNA terms & conditions and there is nothing new there. They will need to update "You cannot transfer your liabilities" to comply with unfair contract terms though!

[Curlyben]

Seems I've found my answer on another thread:

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/113992-more-problems-moorcroft-advice.html

posts #2 and #13 covers what I was thinking.

[tomterm8]

I don't know, but a judgement debt is still a debt, and so I would think it would be covered by the law of property act...

 

136.

Legal assignments of things in action.

— (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt

[Curlyben]

Cheers for that Tom.

I ended up calling the court and was told it IS acceptable to sell a CCJ'd debt to a DCA.

Post #17 here: http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/115168-do-old-c-c.html