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won CCJ action now new action help please


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I successfully fought a claim and the court threw out a CCJ, that was over 6 months ago now. Today i have received a letter saying they suspended a warrant against us as we had agreed an amount to be pay at regular instalments, and now we have failed to make such instalements a warrant will be issued to send a bailiff. What shall i do now as i presumed as the CCJ was thrown out of court that was the end of it? Any help would be appreciated

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Can you check your credit file to see if there is a ccj?

 

You would really need to check with your local court to see if another ccj has been obtained without your knowledge

 

 

Idax

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There are no new CCJ's listed against us, i have my credit file details on line. Is this just a threat again, is there a letter i could respond with? Thye could not prove previously that they are entitled to collect the debt so this is why it was thrown out, shall i send the letter again to them? is it worth getting other Credit reports other than experian?

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It could be but it isn't unknown for people to receive CCJ's by default and not now it about til years later.

 

I would try and check thru the public reg to make sure there isn't one.

 

I would send a letter in response advising that there is no ccj for this debt and would ask for proof of the alleged warrant

 

 

ida x

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Read the paperwork you received when the fccj was 'thrown out' of court and see exactly what it says.

 

Then, as Ida says, contact that court manager and ask if a ccj has been obtained 'in default' at anytime since the previous one was thrown out. I'd also ask at your local court just to be on the safe side.

 

Write to the people who claim you owe them and are saying they have a warrant of execution and ask them for copies of any paperwork proving that such a ccj exists and that a warrant of execution was ever issued. You also want to know what proof they have that you actuallly owe them money.

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The op can ask the court to send another notice out and also confirm with the court bailiff that this warant has now been null and voided. They should phone after 9am but b4 10 am as this is when you most likely to catch the bailiff manager in.

So whats cooking today ?

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Well I have found the CCJ and it was registered to an old address, what shall i do now, it also seems to be for demand of part payment on the CCJ and whole payment shown on the warrant, would my local court enforce this?, and this is not connected to the other CCJ that was won. where do I begin and is it too late to stop baliffs? The letter of warrant has come to my current address. Shall I call them?

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Referring back to your first post .... you seem to be saying that this CCJ which is being enforced is different to the one you won 6 months ago.

 

If that's the case, did you in fact agree to make payments towards the CCj which is active, cos if you did agree and haven't kept to the arrangement then they're within their rights to enforce it by way of warrant.

 

I'd contact the bailiff and see what you can sort out cos it sounds to me like they have every right to act on a warrant. Usually they're pretty good at sorting things out if you have a legitimate reason for non-payment and not that you just want to avoid the debt. If they won't agree to what you can afford, cos you've already defaulted on one arrangement in their eyes, then you may have to ask the court for a redetermination and submit income and expenditure sheets to show what you can realistically afford to pay.

 

Of course, if you disagree with the entire debt and have good reason to challenge it you could apply for a set aside, like you did the first time, but you'd have to have really valid reasons to do that, and it would cost to submit.

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This debt is something I have not agreed any agreement with, I would like to check they have the right to collect but do I contact the bailiff about this or the court? It tells me it is arrow global but I have no idea who they are. The CCJ was submitted against my old address in OCT 07, well i haven't lived at that address for 2 years and knew nothing about it. It does not show on a reference check, but is listed at Northampton Court, This was not disputed as I didn't receive it, now the warrant letter has arrived at this address. Bryan Carter tell me to contact them do the bailiffs just turn up?

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I originally contacted the court where the CCJ was granted they said contact your local court as they will send the bailiffs, I contacted my local court who said no such warrant has been actioned. I have sent a CCA letter to Bryan Carter's to get proof I owe the debt, then will have to contact court who originally granted CCJ and get a set aside judgement whilst I prove this debt is not owed.This is going to cost 75.00 but am prepared to challenge. Am I correct in doing this?

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Was the case heard at the Northampton County Court (Bulk Centre)? Ring them up to find out.

Do you have the case number?

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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Oh, is this another Bryan Carter special where the claim was sent to an old address (being the supposed 'last known' address) and never received by the defendant? The result being that judgment was entered by default.

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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I originally contacted the court where the CCJ was granted they said contact your local court as they will send the bailiffs, I contacted my local court who said no such warrant has been actioned. I have sent a CCA letter to Bryan Carter's to get proof I owe the debt, then will have to contact court who originally granted CCJ and get a set aside judgement whilst I prove this debt is not owed.This is going to cost 75.00 but am prepared to challenge. Am I correct in doing this?

 

Should only be £35 as you are applying to have the warrant suspended. It may be that high court enforcement officers have got it !!!

So whats cooking today ?

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Thanks for everyone's help, the judgement is for just over £4000.00, so does this change the fee then?, I called my local court and they told me it was £75.00 fee to get the warrant put aside. I rang Northampton and they said ring your local court because they would have passed a warrant on to them, they had not passed to my local court and recommended that I send the request for a put aside judgement to Northampton because that is where the warrant was granted apparantly, I have not had any letters from the court to this effect only from Bryan carter solicitors to my current address saying they will be sending bailiffs becasue I failed to keep up an agreement I never had in the first place.

the orignal CCJ was for a part payment of this 4000.00 and that is what I had apparantly had an agreement for. I didn't think you couod ask for part payment of debts? All so confusing.

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Looks to me like it's a typical Bryan Carter special ..... if you look carefully you'll probably find that the CCJ was granted for a smaller amount than the actual debt, usually about 10% .... this is BC's fees and he gets a CCJ to make sure he gets paid. The actual judgement will say that he reserves the right to collect the remaining amount at a later date.

 

Write to BC and ask him for copies of all documents pertaining to be your 'arrangements to pay'. so that you can investigate.

 

It is £75 for a set aside application, I think (off the top of my head) it's form N244 you need and you will need really good reasons, like non-delivery of the orignal claim/response pack etc or a reasonable chance of defending the claim. Once the court has all the paperwork you'll get a court date to go and put your case. It's then up to the judge as to whether he sets it aside or not. A set aside does not mean that the case goes away, it simply means that the clock has been put back to the start of the claim and therefore gives you time to sort out your defence.

 

From personal experience I found that BC, when challenged in this way and judgement set aside, discontinued his action and returned the account to the original creditor who is then at liberty to chase for the alleged debt again through other DCA's if he wishes.

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I will send the N244 to Northampton, shall i wait to see if BC respond to my request for all information? Or shall I let the court know I have asked for the info and see what they say. Can i ask if anyone knows if the debt is not showing on a credit report the company can no longer pursue it. Also is a debt removed from the date of default and six years after or if some companies get a CCJ by default that stays on there for 6 years from the date of CCJ.

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