Cabot trying to ask for settlement but I have a CCJ re the same debt

[colin98]

Sorry if this is noted elsewhere, new to this forum

 

I have a CCJ with ARG Services for 'X' sum.

 

I now have letters from Cabot for the same debtor but asking for less money than the CCJ, they are now threating to take me to court for this lower amount.

 

I am asuming they cannot do this, but how should I handle it, i'd be happy to pay the lower amount, if the CCJ was then shown as satisifed, but can I do this via Cabot, when they seem not to know about the CCJ.

 

Any thoughts or advice please.

 

Thanks

[cerberusalert]

They've probably bought the debt amongst a portfolio of hundreds possibly thousands of others and are blissfully ignorant of the fact that there's a CCJ attached.

 

No they can't apply for a second CCJ, but you could have some fun with them and send a 'Prove It' letter; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

[colin98]

Thanks Cerberusalert. I will try this, at the moment they are asking for 50% of the value of the CCJ, if they could take less and show the judgement satisfied, i'd snatch their hand off!!

[cerberusalert]

Did the Judgment order payment 'forthwith' or by installments?

 

Also be very careful with 'special offers', everything must be in writing otherwise they may come back at a later date.

[colin98]

Forthwith.....

[cerberusalert]

I can't understand why they are willing to accept 50% off a 'forthwith' Judgment unless they are not aware of its existence. To be honest I don't know where you would stand if you settled with their offer & then at a later date they realised there was a CCJ in place & they try to enforce it. Obviously they will become aware of it when they try to mark your credit file with a default.

 

A daft question I know, but are you certain a Judgment exists or is it something that ARG Services told you?

[colin98]

Honest cerberusalert I have the CCJ paperwork we were paying a regular sum to Moorcroft for the ARG Card, but without warning they fired off the summons!

 

After the judgement I tried to ask for instalments and the last thing I got from Moorcroft was that they were going to ask for a warrant of execution, then .....nothing. About 9 months later we began getting the Cabot letters!

 

I'm stunned, but i'm trying not to pay one and then get stung from left field by the other!

 

Thanks for your feedback though much obliged.

[cerberusalert]

After the judgement I tried to ask for instalments and the last thing I got from Moorcroft was that they were going to ask for a warrant of execution,

If you can't afford the full amount as ordered you could apply to the court for a 'variation order' . If you ring your local court offices they'll be able to give you the info you need & cost (I think it's £35).

 

See; http://www.n245.co.uk/form-n245.htm

 

As it stands you have been ordered to pay ARG Services and unless you are notified officially otherwise that's who you must pay otherwise any Tom Dick or Harry could check Trustonline to find judgments and claim payment on them.

[colin98]

That's what I thought. cheers

[cerberusalert]

The link above doesn't work try this one; ø N245 form ø

[colin98]

I found that with the link but searched and found it elsewhere.

 

Cheers though and once again thanks for the input.