2 CCJ's = same debt

[nulon]

Hello everyone. I was advised to visit this site by someone on another forum as someone may be able to help me with this.

I had a CCJ against me 5 about 5 years ago which was in dispute (because it was mostly bank charges/fees). Once I wrote to the company querying it and offering reduced payments I didn't hear from them for 41/2 years. It now turns out they have sold the debt to a debt collection company who have got another CCJ for the same debt. I now have 2 CCJs outstanding, doubling my debt. I wrote to the DCA asking for the info on the debt and to hold proceedings for now and they ignored me. I thought the original co. with the CCJ had to go back to court to get payments. This has really messed up my chances of sorting out my life and I am really upset - I have tried so hard to get everything straight with my finances. Does anyone know what I should do?

Sorry for the long post - it seemed to me that lots of people here are very knowledgeable about this sort of thing.

[tomterm8]

Hi, Nulon, not to panic... were these CCJ's for the same debt? Have you got a copy of both CCJ's?

[nulon]

Hi - I must admit I am panicking!! Yes - they are both definately for the same debt. I have the most recent CCJ from the DCA but not the old one. The new one is from Northampton court.

[tomterm8]

Do you have the case no etc of the original CCJ? Can you ring up the court and ask for a copy?

[nulon]

Just thought though - the DCA added about 150 pounds in court costs to the original amount. The paperwork (CCJ stuff) from the DCA had the original account number that I incurred the debt on, saying it was assigned to their company.

[tomterm8]

The bottom line is I do not believe that two CCJ's can be saught on the same right of action. I would be tempted personally to get into contact with the national debt line, and to check this out with them.

 

However, i believe you should be able to do a set aside application relatively easily.

 

There was no legitimate reason to file for a CCJ, as they would have been the judgement creditor for the debt anyway, under ther terms of the assignment.

[nulon]

Thank you so much - I really appreciate your help. So I can ask to have the 2nd CCJ set aside? Should I put the reason why on the form - about the old CCJ or just say that I don't owe the DCA the money at all? Only having one CCJ would really help as I can try to pay one off but can't (and shouldn't have to) pay double. I will pay Barclays (the original CCJ people) if I have to but I still think they put so many charges on 5 years ago that the amount I have to pay is unfair - and when I wrote to them about it they just blanked me and passed on the debt.Thanks again for your help - I feel a bit better now at least I have some hope.

[nulon]

There was no legitimate reason to file for a CCJ, as they would have been the judgement creditor for the debt anyway, under ther terms of the assignment.

 

Not sure what this means though!! Is it that Barclays have to keep the debt themselves, not sell it and go to the court to make me pay , not a DCA?

The DCA don't seem to know anything about the CCJ or the debt for that matter other than the account number. They haven't sent me any info and I wrote about two months ago.

[tomterm8]

No, it means that if Barclays sells the debt, that does not mean the CCJ magically goes away... the DCA would be purchasing the judgement debt.

[nulon]

Ah I see. So they MUST know about the CCJ if they have bought the debt from Barclays then. Barclays definately got the CCJ in the first place - it's on my credit file. Why would the DCA take me to court for a new CCJ then??

[tomterm8]

Try PMing me tomorrow, after you have a chat to the national debt line:) I'll try to write something up for you.

[tomterm8]

Ah I see. So they MUST know about the CCJ if they have bought the debt from Barclays then. Barclays definately got the CCJ in the first place - it's on my credit file. Why would the DCA take me to court for a new CCJ then??

 

There's no legitimate reason to do this, that I can see. the CCJ was enforceable, and the judgement was already made on the issue.

 

i'd put it down to pure incompetance.

[nulon]

Thanks for the advice - I'll ring the debtline people tomorrow after work and let you knwo what they say. You are a very helpful person

[sequenci]

a court cannot judge the same debt twice.. you'll be able to get the 2nd one set aside faster than you can say "idiot dcas"

[make them aktiv runners]

a court cannot judge the same debt twice.. you'll be able to get the 2nd one set aside faster than you can say "idiot dcas"

 

Tomterm, as it is imcompetence, should OP go for costs of case to be used to reduce original CCJ (assuming that one is valid)?