Help with debt sold on after County Court Judgement

[Welshwoofs]

I've come seeking help with a problem my OH has.

 

He owed approx £2k to Yorkshire Bank for a credit card (a lot of that figure was interest + charges) and had a County Court Judgement filed against him in 2004 and an order to repay £10 a month.

 

This he has been doing faithfully since 2004, however he recently received a letter from Phoenix Recovery informing him they had bought the debt and demanding full repayment of £2092.42 which we're sure was the amount of the original judgement!

 

Now he's received a letter from Mortimer Clarke Solicitors acting on behalf of Phoenix stating they will serve him with a Statutory Demand whereupon, if he fails to repay the amount in full within 21 days, they'll file a bankruptcy petition to court.

 

So a few questions:

 

1. Were Yorkshire within their rights to sell on a debt that was subject to a County Court Order? If so:
   
2. Are Phoenix within their rights to demand a full repayment when a County Court Order stated repayment would be made at £10 a month and my OH has not defaulted on that?
   
3. Does the County Order still stand now the debt has been sold on and, if it doesn't, can my OH demand a full statement of accounts to explain why the figure demanded takes no account of 5 years worth of payments? (£600)
   
4. Can they make him bankrupt when all he's done is kept to the terms of the County Court Order and paid £10 a month?
   

 

Any help appreciated here Thanks in advance!

[Viscount Stair]

1. Sadly, yes.

 

2. No.

 

3. Yes and yes.

 

4. No.

[spamheed]

complain to Trading standards and to the court that issued the CCJ.

 

The order was made by the court and as such cannot be varied without returning to the court. this company are taking the p@$$ and need to be brought to book

[Welshwoofs]

Many thanks for the advice. If the County Court Judgement still stands, despite the debt being sold on and the new 'owners' Phoenix demanding full repayment of the original amount I wonder if they'll now claim he's defaulted.

 

The reason I say that is that their first communication which stated they now owned the debt explicitly stated that my OH should a) stop paying Yorkshire the monthly £10 ordered by the court and b) stated they would only accept full repayment. My OH hasn't sent any money to this outfit given their statement. Can they spin this and now state he's in default of the CCJ even though they told him they wouldn't accept the regular £10 payments? (it's now 2 months since his last payment to Yorkshire)

[spamheed]

Many thanks for the advice. If the County Court Judgement still stands, despite the debt being sold on and the new 'owners' Phoenix demanding full repayment of the original amount I wonder if they'll now claim he's defaulted.

 

The reason I say that is that their first communication which stated they now owned the debt explicitly stated that my OH should a) stop paying Yorkshire the monthly £10 ordered by the court and b) stated they would only accept full repayment. My OH hasn't sent any money to this outfit given their statement. Can they spin this and now state he's in default of the CCJ even though they told him they wouldn't accept the regular £10 payments? (it's now 2 months since his last payment to Yorkshire)

 

 

Basically, he was ordered by the court to pay yorkshire £10 a month, unless Yorkshire tell him different then he has no alternative to keep paying Yorkshire, (make sure payments are brought up to date) As far as the "new" dca is concerned, they can whistle. Until you receive paperwork from the person owing the debt, then the original court decision and stuplations are still applicable. Nobody can come along and unilaterally change the stipulations of a CCJ without taking you back to court, this includes demanding payment in full. It would be fun to see them take you back to court and explain that a CCJ is already in place and they are trying to con you into paying more than was ordered.

 

There is a common scenario where a "new DCA" appears out of the woodwork, claiming that they now own the debt and payments should be made to them, the debtor duly follows suit and cancels the repayment plan they have in [place and makes payment to the "new DCA" after a suitable period of time the original creditor contacts the debtor and asks why you aren't paying them, they then seek further enforcement action. When challenged, the "new dca" simply claims an administrative error. You have defaulted the CCJ.

 

I would suggest an immediate complaint to trading standards and also a letter to Yorkshire, voicing your concerns that a third party is attempting to collect against a debt that they own and since they haven't informed you of this sale/transfer......

 

At the very least it will show up Yorkshire as failing to inform you when they have sold/ttransferred the debt.

[Welshwoofs]

Many thanks for the information!

 

My OH has now written off to Northampton CC Bulk Centre with a query/complaint on this matter. He's also hit Phoenix/Mortimer Clarke with a Subject Access Request for good measure to see where the hell they've come up with this new debt figure from.

 

He'll make a complaint to Trading Standards today.

 

Shower of ****s these people! He wants to pay back this debt and has been doing so and they change the goalposts!

[spamheed]

Good luck and ensure you follow it all through

 

Please update here, I think this tactic is going to become more popular with these lowlifes.