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Hi to everyone,

background...HSBC credit card debt sold to FV-1 inc. NCO dealt with it and eventually were a awarded a CCJ through Northampton by default.

Usual story this all happened before i discovered Cag.

Now the CCJ was for £300 but the debt for just under 6 grand. I found out about "dividing the claim" from cag so thought I would use that in the event where they take me back to court for the rest.

I arranged through the court to pay a very small amount each month to pay the CCJ of £300. This was back in april and I have been paying monthly by dd, the firm collecting payment Ind. would not set up standing order only direct debit.

Forward to November, I received a letter from NCO saying they are obliged under the amended CCA 2006, that they have to send information of the above detailed outstanding debt on an annual basis. They have written the debt as the 6 grand amount and shown the monthly payments that I have been paying off the CCJ for the £300.

 

I would love opinions from anyone......

Do I ignore the fact that they have the 6 grand on the letter and get ready to pounce on them in a couple of years time when I have finished paying the monthly instalments for the CCJ?,

Or Do i contact them now saying CCJ was for £300ish? which would open up a can of worms IMO.

 

I would personally think leaving it would be best but would like to know what anyone else thinks.

Has this scenario happened to anyone else./

By the way the monthly instalment was settled when they applied for an attachment of earnings, AOE was suspended and the small monthly payment awarded.

 

Thanks to anyone who finds the time to read this post.

Edited by questioning

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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If you stick your head in a bucket of sand it wont go away.

 

Do you have copies of all the paperwork - agreement, DN, TN etc? It's impossible to know what your next move should be without knowing if they have a legally enforceable debt and whether or not you wish to challenge the CCJ and their entitlement to collect

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yep the total debt wont go away

even if you have been paying the ccj for £300.

 

you need to be addressing this now.

 

dx


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Not sure you are correct on that DX. I have seen advised elsewhere on the site, when a claim has been split(normally for costs) and you are paying the lower CCJ amount, once this CCJ is paid thats it, they cannot go back to court for the outstanding balance. This goes against the CPR, although I cannot remember which part.

  • Haha 1

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ah! so this is the bryan carter split debt issue is it?

 

another one trying it on.

 

thanks

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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These statements are now required to be sent. They are printed off automatically by a computer.

 

File it for future reference and then go back to watching telly or whatever you do to relax.


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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These statements are now required to be sent. They are printed off automatically by a computer.

 

File it for future reference and then go back to watching telly or whatever you do to relax.

 

 

That's fine but the OP is under the impression that once he's paid 300 quid they'll crawl back under their stone and leave him alone.

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That's fine but the OP is under the impression that once he's paid 300 quid they'll crawl back under their stone and leave him alone.

 

Which is exactly what they will do after the OP has told them to FO ;)

 

Jogs

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continue paying the payments and as has been advised simply file the letter,

 

when you have paid off the ccj apply for a certificate of satisfaction-

 

IMO the creditor will not be able to sue you again for the same debt- if they chose to fly in the face of the CPR its their problem if they tried to be clever dicks

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Hi guys,

Thanks, it looks like some of you have read my opening post and GOT the point.

Dividing the claim, tut tut,

Thanks for the link DX, No its not BC, however Mr Q had a CCJ by default from BC and he split the claim, the CCJ was satisfied, and he has well and truly crawled back under his stone, we have asked him to take us to court for the rest on a few occasions over the past year and a half, funnily enough he hasn't taken us up on the offer,

 

Nice bit of case law and the fact that its against the county courts act and all that. The CCJ will be satisfied eventually, then they can try and sue me again if they want.

 

So glad I found this site and managed to get a bit clued up, shame theres thousands still out there completely in the dark.

 

Thanks for the confidence boost, Special thanks to madscouser, Palomino, havinastella and Diddydicky.

Cheers Q.x.

Edited by questioning

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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fast forward to today, I have just realised that this £300. for ccj has been paid, well overpaid actually as they are still taking the money, to date they have taken £330 and the standing order is still in place so obviously they will keep taking it.

(please note in my opening post i said it was being paid by dd, sorry made a mistake there it should say its being paid by standing order.)

I cannot ask for the court to provide a 'certificate of satisfaction' because i am paying the money to the company that took me to court IND. i haven't been paying to the court.

I found this info relating to this.....

 

Certificate of Satisfaction

 

 

Introduction

 

In England and Wales, a Certificate of Satisfaction , stating that the debt has been paid, can be obtained from the County Court in which the case was heard. If the debt was not paid through the court, for example, it was paid direct to the lender, the court will require evidence that the Judgment has been satisfied , i.e. paid.

 

So i am wondering what to do.

 

POC states..

FV-1 IND aqquired this cc debt by way of an assignment passed from bank to IND in 2006.

blahblah

And the claimant claims balance of £300 being part balance of £6000 as of 2/2006.

 

So they split the claim, as I've already stated in this thread in earlier posts.

It seems as if I will have to write to them so I can get proof i have paid the £300. BUT I can't see them rolling over and giving me the proof.

Should i contact them stating I've paID THIS CCJ AND SO I'm NOT PAYING ANYMORE.

Does anyone know if things have changed regarding the "Dividing the claim"? Is this still a solid defence? It certainly got rid of Brian Carter but I don't know much about this lot. I just have their address as IND PO BOX Stamford.

 

They have not sent me anymore statements, I feel they are just going to keep taking the small payment per month for ever, (its taken 2 and a half years to pay the £300.)

 

I hope you can understand my predicament, Could I have your thoughts please people, thank you. Hiya CB,

Edited by questioning

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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Hmm, I think you need to stop the Direct Debit.. if it is still in force.

 

You then need to apply for that certificate of satisfaction.

 

 

Almost certainly you need to obtain a statement of account.. you might only get that by doing a full SAR to the owners at the time the CCJ was awarded.

 

I will try and get some help on board for you.


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Hi Q stranger.

 

As CB states stop the SO. Then:-

 

Contact the court Contact the court that last heard your case. You’ll need to fill out a form. You also need the claim number of the CCJ.

Get confirmation You’ll need proof that you’ve paid in full (so get a receipt). If you can’t get this proof, the court will write to the person who won the CCJ.

Pay the fee There is a fee of £15 – the court will give you more details of this.

The court will then write to you to confirm the CCJ is marked as satisfied. This only happens if you pay in full. Part repayment of CCJs is not recorded.

 

Regards

 

Andy


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Hi guys,

Makes me feel ashamed that I haven't been on here for ages but Andyorch and CB are still going strong, you both deserve a medal.

 

Ok, thanks. I can see ways of getting the proof and gaining a certificate of satisfaction from the court

BUt what do you think my chances are of defending them if/when they sue for the remaining balance they say I owe, will the fact that they have split the claim by claiming only £300 be a good defence?


For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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If they sue for the balance, file a defencelink3.gif claiming estoppellink3.gif and abuse of process. Henderson v Henderson - the leading case, but there are many more since then, which support the above.It is a basic principle that a claimant should bring the entire action, as provided for both in the CPR and the many, many authorities on the exact point.

 

In addition to the above, the practice clearly breaches the OFT guidelines re: debt collectionlink3.gif - multiple actions/costs/fees, to the benefit of the lawyers involved. Had the entire claim been advanced in the first instance, such a situation would not exist.The practice is oppressive, onerous, abuse and vexatious.

 

Regards

 

Andy

Edited by Andyorch

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Hi ya Andy, :-)

Hope you are keeping well,

 

The above reply is just what i wanted to hear, thanks.

I have a copy of Henderson v Henderson.

I have been reading some threads about this lot, IND and it seems they go for an attachment of earnings as soon as they can which is what they did with me, however I got that suspended as long as I paid the installments which have now been over paid by £30. My main concern was if things had changed since I learned about this division of claims being a total abuse of process.

I will begin by making contact with them and asking them to send me a statement of account, it seems they should send one every year which they haven't. Hopefully they will see they are obliged to send a statement of account which I can then forward to the court with the fee to obtain the certificate of satisfaction.

The work will commence when they know I have stopped the S.O. payment because the ccj is now paid in full. I am sure they will try and convince me that because they have written the £300. claimed is part of a balance of £6000 in the particulars of the claim then I have to keep paying.

I am pretty sure they don't have an agreement or DN for this.

 

Thanks so much Q.x.


For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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Keep us updated as to progress, Q :)


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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Judgment was for £300 Q, if its payed its ended.

 

Andy


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Thanks both of you,

I'll be back with updates.

In a mo I am going to phone them and ask nicley for a statement of account.

Bye for now, luv Q.x.


For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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Just posting this as its relevant, interesting and good to read....Post 17 and 18 re. dividing a claim....http://www.consumeractiongroup.co.uk/forum/showthread.php?334544-Brian-Carter-Two-CCJ-s-one-debt-(same-account-number-on-court-records)-HELP!!

 

I saw off Brian carter because of division of claim, I begged BC to take my DH back to court. carters were easy to get rid of, thankfully.

 

UPDATE.. I cannot get through to IND on the phone, there is no answer service it just rings and rings for ages.

I've looked for a different number for them in my paperwork and google but can't find anything.

I'll see if I can find one on here. I think if I write to them (which I will) my request will be ignored.

Edited by questioning
UPDATE about CONTACTING IND.

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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Hi can you help me with my thread. im new on here thanks.consumeractiongroup.co.uk/forum/showthread.php?335597-Charging-Order-on-house-for-Car-finance-£25k-from-ex-boyfirend!!-Help

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Helpww.consumeractiongroup.co.uk/forum/showthread.php?335597-Charging-Order-on-house-for-Car-finance-£25k-from-ex-boyfirend!!-Help

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oK i FOUND THE NUMBER AND GO THROUGH, sorry caps lock.

IND no. is 08715 994447

 

Lady says she has no record of a CCJ for that amount OR for any amount for a CCJ at all, she spent ages looking and umming and arrring,

She did come up with a figure , WAit for it £6000. then when I said no the amount claimed was £300. she said she could see I had been making payments, ( i won't say too much about that, prying eyes)

Boils down to she could find NO mentyion of a CCJ for any amount.

She said she would send a statement of account out today.

 

Gets confusing as I found a statement of account from NCO from a few years back and that has six payments on it all to IND. (they are definately the payments off the CCJ)

I phoned them too and they said account says closed, she said she had NO info on me, the screen just says closed.

 

I've also found a letter of assignment saying FV-1 has been assigned it and IND will collect on their behalf.

it also goes on to saay its a letter before legal proc. and states it will sue for whole amount of 6 grand plus interest of over one grand and court costs 190 and sols. costs 100. and I may have to pay further costs when taken to court in addition to those mentioned.

I'm pretty pleased that I've found them, I do try and file but organisation in any area of my life has never been a strong point of mine, but I usually do find things in the end.

 

Sorry intentions, your post has nothing in common with my thread as far as I can see, so if you stick to your own thread you will have a much better chance of gaining help you require,

Edited by questioning
Note to intentions.

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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After reading info on the forum it seems that many people say that NCO and IND are the same, it seems thay are not but obviously work very closely. IND answer the phone as Arrow.!

There has been a significant update to my thread but i'm going to PM a trusted friend at cag with the info as I don't think I should post it on here at the moment as I've read thet IND frequent the forum, but I will when I can as I'm sure it will helpful to others.

Edited by questioning

For attractive lips, speak words of kindness. For lovely eyes, seek out the good in people. For a slim figure, share your food with the hungry. For poise, walk with the knowledge that you never walk alone. People, even more than things, have to be restored, renewed, revived, reclaimed, and redeemed; never throw out anyone. Remember, if you ever need a helping hand, you will find one at the end of each of your arms. As you grow older, you will discover that you have two hands; one for helping yourself, and the other for helping others. :)

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