Can A Valid Ccj Be Sold On To A Third Party?

[harrassed senior]

Following on from a thread on here the above point has been raised and I would be interested to see if anyone has the definitive answer.

 

An OC or his appointed representative or a DCA obtain a CCJ.

 

The Court orders regular payments to be made to the Plaintiff.

 

Can the Plaintiff then sell on this debt and CCJ?

 

If so, who is to be the recipient of the payments, which, were ordered by the Judgement to be paid to the original plaintiff?

 

Can a person/company other than the Plaintiff legally request and receive payments as ordered by the CCJ.

 

If a debtor pays the said company, and not the plaintiff how will the CCJ ever be satisfied?

[the_shadow]

Thinking on it, this thread needs to be moved to the legal forum I think?

 

S.

Edited June 10, 2009 by the_shadow
Couldnt see the "thread" for the "posts" :-D

[twofoot]

Don't know the answer but I guess it takes a court to overrule a court.

[harrassed senior]

I have been doing a little searching and I found this on the .go.co.uk website:

 

WHO DO I PAY

 

You pay the creditor who made the claim against you, or their solicitor or representative who will accept your payments on their behalf.

 

That means, to me at least, that if the debt is sold/assigned then you should NOT pay the DCA, as they are neither the creditor, their solicitor nor their representative (of the plaintiff!).

[make them aktiv runners]

Assignment of CCJ's has been discussed several times before.

 

Here a couple of previous discussions:-

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/115168-do-old-c-c.html

 

Post 17. Registry Trust do not have a record of claimants name, which may have swayed their answer.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/113992-more-problems-moorcroft-advice.html

 

Posts 2 & 13 refer to this question being directed to the relevant court.

Edited June 10, 2009 by make them aktiv runners
Posted same link twice

[make them aktiv runners]

I have been doing a little searching and I found this on the .go.co.uk website:

 

WHO DO I PAY

 

You pay the creditor who made the claim against you, or their solicitor or representative who will accept your payments on their behalf.

 

 

That means, to me at least, that if the debt is sold/assigned then you should NOT pay the DCA, as they are neither the creditor, their solicitor nor their representative (of the plaintiff!).

 

Depends if they are the representative.

 

B can assign absolutely a debt to C. Absolute assignment only occurs if title does not become separated, for that to happen the relevant court would have to be informed to update records.

 

CCJ's only stay on file for 6 years after judgement, one would assume the court does not have a record after 6 years too.

 

Any agreement over repayments made with CCJ cannot be changed without courts permission.

 

To apply for a warrant of execution more than 6 years after judgment requires the claimant to prove a good reason for delay, now C cannot do that alone as some of the delays would have been with B.