HFC Card CCJ/CO - now sold to marlin - what can they do?

[the_shadow]

The Judgment becomes your agreement. The court stipulates how much & who you pay. I would have thought that any changes to the CCJ would need to be done through the courts.

 

Debs

 

Correct,

 

I've seen cases on here where the debt has been sold even when a CCJ has been put in place and the OP asked to pay a new owner of the debt... something which would place them at odds with the court order of judgment which clearly gives details of how much and who to pay

 

The new owner needs to go to court and put in an application to amend the CCJ to their name I believe.

 

S.

[the_shadow]

As to interest on judgment amounts... if they claimed it in their Particulars of claim and the claim was not defended then it would have been part of the judgment.

 

If they have just started to claim interest with no authority they would need to go back to court to enforce it. You only have to pay the amount directed by the court, they should not be adding interest if its not mentioned in the judgment.

 

For this very reason you should always keep exact records of how much is needed to be paid, and keep a log of all payments made until the EXACT judgment amount is paid off.

 

S.

[OnMyWayOut]

Thanks everyone - loads of helpful stuff here. I don't want to say too much at the moment, I just needed some points confirming that could be useful if I need to follow up in the near future. I will keep you informed once I'm in a position to take it further.

[diddydicky]

As to interest on judgment amounts... if they claimed it in their Particulars of claim and the claim was not defended then it would have been part of the judgment.

 

If they have just started to claim interest with no authority they would need to go back to court to enforce it. You only have to pay the amount directed by the court, they should not be adding interest if its not mentioned in the judgment.

 

For this very reason you should always keep exact records of how much is needed to be paid, and keep a log of all payments made until the EXACT judgment amount is paid off.

 

S.

 

and , unless i am mistaken, when they make such an application it opens a window for you to re open any challenge the CCJ itself .

[OnMyWayOut]

So far I have: -

 

1. CCA with no Ts&Cs

2. No valid DN

3. Documents withheld by Solicitors

4. Sale of debt after CCJ & CO - the sale may even have gone through before the CCJ, but this might be hard to prove unless I can see or get the judge to see the DoA

5. Adding interest when specifically denied

 

Hopefully I've got enough to be able to get the CCJ & CO removed when the time comes. I assume if I wait for them I won't have to pay for a set-aside and their (inflated) costs if I lose.

[OnMyWayOut]

Is it possible to SAR a creditor's solicitor to obtain copies of their requests to other creditors regarding objections to a charging order and the replies they obtained? Or can I SAR the individual creditors for copies of these communications? Do I have any entitlement to see them at all? Surely we should be asking for the documentation to be supplied in court at the Final CO hearing at the very least, rather than just taking their solicitor's word for it?

[diddydicky]

you can only SAR an organisation for information they hold about you personally

 

you cannot demand information as to their dealings with others

 

the SAR obliges the organisation to provide you with INFORMATION they hold about you NOT copies of the documents that the information is stored or written on

[OnMyWayOut]

If I SAR a creditor, can I ask them to include any correspondence with other creditors or their solicitors regarding my account? Or at least ask them to confirm whether they have been contacted by other creditors or their solicitors? Otherwise, how do we know that due process has been observed?

Edited January 20, 2011 by OnMyWayOut
Added a bit

[diddydicky]

no, (well you can ask i suppose) i already told you the creditor is not obliged to send ANY documents at all- just the information contained in them that relates to you

 

you certainly cant get information between them and their solicitors- which is priveleged

 

nor can you ask them if they have been contacted by other creditors

[OnMyWayOut]

It makes the whole process less than transparent. In my case the smallest unsecured debt was prioritised and converted to a secured (CO) debt ahead of all the others. I wonder how many of the other creditors actually agreed to this, or if they were even contacted at all...

 

Can we not even ask that proof that the requests that were made and the answers that were received is produced in court?

[diddydicky]

"other creditors" generally do not object to charging orders so this avenue is a waste of time (IMO)

 

further, if you alert your other creditors to the application- you might find yourself with CCJ's and similar charging order applications from them

 

let sleeping dogs lie

[OnMyWayOut]

Fair enough. Thanks DD.

[diddydicky]

It makes the whole process less than transparent. In my case the smallest unsecured debt was prioritised and converted to a secured (CO) debt ahead of all the others. I wonder how many of the other creditors actually agreed to this, or if they were even contacted at all...

 

Can we not even ask that proof that the requests that were made and the answers that were received is produced in court?

 

that would be part of the disclosures and is usually shown on their computerised records

 

as a general rule you are better not being specific about certain pieces of information that you want- since to do so will alert them to looking carefully at what they have recorded to find out why you are so interested in that particular information ......and might then invoke some fomr of creative accounting or a computer glichfor that period (you get the drift)

 

just look at the template letters for SAR on the forum which are wide ranging and adapt with your own information

[OnMyWayOut]

If a debt is sold (absolute assignment) that has a CCJ and CO attached, what notification should be received from the court and/or Land Registry IF the ownership of the CCJ and CO is passed to the debt purchaser? In other words, if I haven't been notified by the court, does the new owner have any claim under the CCJ and if I haven't been notified by the LR does the new owner have any claim under the CO? If I stop paying the judgement amount to the OC, can the new owner enforce the CCJ and/or CO? Can I ask the court for the CCJ/CO to be marked as satisfied as I no longer have a debt with the OC in whose name the orders were made?

Edited February 24, 2011 by OnMyWayOut
speeling

[tifo]

as far as i know, and this is how my same question was answered, the CCJ follows you to whoever the debt goes to, as it is a judgement on the debt itself.

 

as for a CO following to the new owner, i don't know but probably not as that is a LR issue where it would need to be changed.

[toymaker1]

If they have your signature on the agreement, then they have the right to the benefits of it

If they wish to sell those rights, they can....however they must inform you, by way of a notice of assignment, and the assignee must inform you, again by way of a notice of assignment (there is also something called a DEED of ASSIGNMENT, which is in fact the bill of sale, which you have the right to demand sight of ONLY when the matter is in court)

 

In other words you must have received anotice of assignment from both the assignor, and the assignee, for it to be a legal transaction...you can also force them to prove this in court

 

Once a CCJ has been issued, the order is simply for a sum of money owed, so any contractual issues, beforehand dont count

 

I cannot see how any pre-existing contractual issues "dont count" after assignment. Surely, those contractual issues are still there, and still exist as legal liabilities between the parties and dont dissapear just because the debt has been assigned