DCA wants me to increase CCJ payments.

[Dibsthefrenchie]

I have a CCJ against me and have received a letter from Howard Cohen & Co which states:

 

We refer to the judgment order in this matter which we have scheduled for review. It is diserable that the instalment amount be increased, as we are sure you will agree, it is in everyone's interest that this judgment debt be satisfied as quickly as possible.

Please provide by return, details and evidence of your current income and expenditure, together with your proposed increased offer. An evidence of means declaration is attached for your assistance. If we can agree an increased instalment then it will not be necessary for us to apply to the court for formal ammendment of the judgment order.

 

I did not realise that they could ask for increased payments, I had assumed that the repayments once set by the court were for the life of the debt and why do all letters from DCA's have to end with a threat!

Dibs.

[rory32]

They can ask for increased payments but if your circumstances haven't changed all they'll do is annoy the judge.

[Josie8]

NO Creditor has any right to vary the terms or payments ordered by the Court unless a new Order or Variation has been sought

[lookinforinfo]

If your financial circumstances are pretty much unchanged from the time of the ccj in that to increase the payments would make a difference to your

standard of living reply along these lines.

Dear Sirs,

It would obviously be in your interest to have the payments increased. In my

case however, any increase would be detrimental to my financial situation and will be vigorously defended.

Should you consider taking me to Court, I will expect you to furnish the Court

with the Deed of Assignment and the amount you paid for the debt as a minimum. I am

sure the Court will take a dim view of you attempting to question its

authority, and to intimidate me at the same time.

I trust this will be the end of the matter.

[Ell-enn]

They can ask...... but unless the court orders you to pay more then there's nothing they can do! Sounds like they're just getting greedy and don't want to wait for their money in small installments.

 

Write back to them saying you are not in a position to increase payments above that ordered by the court, (don't fill in their evidence of means form!) then continue to make your payments on time. DON'T talk to them on the phone, they'll only try and bully you into increasing your payments.

 

If they do apply to the court to increase payments you will have the opportunity to challenge it (that's when you give evidence of your means!) - and given that you've been making your payments in accordance with the original judgment it is unlikely that they will succeed.

 

Their letters end with a threat because they are just plain greedy. Fortunately a lot of their "customers" have found this website and have learned how to deal with these threats.

 

Kind Regards

Ell-enn

[Dibsthefrenchie]

Thank you for all the replies, I appreciate the advice.

My financial situation is unchanged, I will inform them of that and wait to see if they decide to take further action, will that result in extra charges being applied to my account for court costs?

Thanks again, Dibs.

[Ell-enn]

I very much doubt they will take further action - given the fact that your financial situation is unchanged and you have been making your payments in accordance with the judgement -any further action would be pointless and as Rory says, they would only annoy the judge!

 

If you need any help with your letter don't be afraid to ask.

 

Kind Regards, Ell-enn

 

If you feel I have been of help, please feel free to tip my scales

[Dibsthefrenchie]

Thank you Ell-enn

Dibs x

[Ell-enn]

No problem - any time.

[76Bramble]

Hi Dibs, the same thing happened to my ex hus about a year ago. We just ignored it and nothing further has been sent. It is just their way of trying to get more money out of you. Kelly:)

[sequenci]

Please do not decrease, miss or even increase your payments on the judgment. Any one of these would class as a default and would allow the creditor to enforce. The only time you should change your payments is if there ahs been a variation order made.

 

In the mean time you could consider a complaint about these folks under s2.6f of the OFT debt collection guidance (trying to pressurise you to increase your payments when you are unable to do so).

[Curlyben]

The ONLY time that payments can be changed is when an N245 (Application for suspension of a warrant and / or variation of an instalment) is filed at court.

Otherwise your payments should stay the same.

[Allwood]

You could try and contact the original owner of the debt and make them of an offer of 10% of the balance, as a full and final settlement, stating that you have no more money to offer. I am not sure if this would start the dates running again, if it has not passed the 6yrs for the debt to fall off your credit report.

[gizmo111]

You could try and contact the original owner of the debt and make them of an offer of 10% of the balance, as a full and final settlement, stating that you have no more money to offer. I am not sure if this would start the dates running again, if it has not passed the 6yrs for the debt to fall off your credit report.

 

Not sure what you are trying ot say here, but this is a CCJ debt, that is being paid by instalments, it is highly unlikely as there is a CCJ in place that a reduced amount would be accepted. The CCJ will off his credit report after 6 years from the date it started.

[Dibsthefrenchie]

Thank you Sequenci & Curlyben, that's the information I needed.

Allwood, I only wish I had done that originally, but as gizmo says, now that they have judgment against me they will want the full amount. Thanks Kelly, i'm sure they meant in the letter, that it's in their best interest that payments are increased.

Dibs x

[medsec]

Not sure what you are trying ot say here, but this is a CCJ debt, that is being paid by instalments, it is highly unlikely as there is a CCJ in place that a reduced amount would be accepted. The CCJ will off his credit report after 6 years from the date it started.

 

Does that happen even if you haven't finished paying? I have a CCJ on a debt of about £2,000. If I'm paying £10 per month that's £120 per year, x 6 years = £720. I won't have finished paying after 6 years! Then what happens?

[sequenci]

Does that happen even if you haven't finished paying? I have a CCJ on a debt of about £2,000. If I'm paying £10 per month that's £120 per year, x 6 years = £720. I won't have finished paying after 6 years! Then what happens?

 

You keep paying the judgment until it is paid. The fact that there was a judgment granted would fall off your credit file but you would still be subject to it.

[medsec]

Aha! Interesting. Many thanks!

[sequenci]

no worries!

[morristonm28]

Thanks, but as it was an agreement with Howard Cohen and well below the amount the court ordered can they still ask me for more?

[sequenci]

If you've not paid the amount set by the court then you've defaulted. They could choose to enforce. You may wish to apply for a variation so that you cna get the court to agree your instalment amount and prevent further action.