IQOR and being such an idoit

[shrimper10]

HEllo i wonder if anyone can help me. Around 7 years ago i got a loan from Royal bank of scotland, i fell out of work and could not pay, i was taken to court and had a ccj against me, and i now pay iqor 60.00 a month off the debt, I owe now just over 5000 i pay them by standing order every month for this amount of money the ccj is since long gone off my credit file from September this year and i am wondering shoulod i even still be paying this, i know that i was a idiot to start paying in the first place. I guess if i stop paying now they can take me back to court and i will end up with another ccj

[maroondevo52]

Hello and Welcome,

 

I'll move this thread for you.

 

Regards.

 

Scott.

[Hardupnotfedup]

What reason do you have to stop paying?

[ar_123]

HEllo i wonder if anyone can help me. Around 7 years ago i got a loan from Royal bank of scotland, i fell out of work and could not pay, i was taken to court and had a ccj against me, and i now pay iqor 60.00 a month off the debt, I owe now just over 5000 i pay them by standing order every month for this amount of money the ccj is since long gone off my credit file from September this year and i am wondering shoulod i even still be paying this, i know that i was a idiot to start paying in the first place. I guess if i stop paying now they can take me back to court and i will end up with another ccj

 

Hi there,

 

The CCJ still remains in full force despite it disappearing from your credit file.

 

If you have a reason as to why you feel you should not be obligated to pay please let us know and we will advise further, but please dont simply stop paying the CCJ as the creditor may take action to enforce it.

[shrimper10]

Sorry i did not make my self clear, i am not wanting to stop paying but wanted to reduce the payment slightly but the lady was so rude to me on the phone everything was like, well actually you will do this that and the other in the end i just hung up the phone i wish i had not called, just felt that they could have been more helpful, i have no intention of not paying but thought it may trigger a reaction was all just though financially reducing the payment by 20 a month may help us, but they want more

[ar_123]

Sorry i did not make my self clear, i am not wanting to stop paying but wanted to reduce the payment slightly but the lady was so rude to me on the phone everything was like, well actually you will do this that and the other in the end i just hung up the phone i wish i had not called, just felt that they could have been more helpful, i have no intention of not paying but thought it may trigger a reaction was all just though financially reducing the payment by 20 a month may help us, but they want more

 

I think you might need to apply to the court for a "Variation order" but I might need correcting here...

[Bazooka Boo]

If you are unable to make the payments ordered by the Court you can obtain a form from any County Court or online and make an 'Application to Vary an Order' (N245). There may be a fee involved of £35 unless the application is made within 14 days of the recovery judgement. The CCJ If you are unable to pay any of the CCJ you can make an 'Application Notice' form N244, which can have the judgement set aside. Your new income and expenditure will have to be sent to you local court along with a fee of £60 or £70. A hearing date will be set for you to attend the court and discuss your situation. A representative of your creditor may also appear.

 

 

http://www.payplan.com/frequently-asked-questions/county-court-judgements.php

[shrimper10]

i am actully paying more now then the court ordered 5 years ago we pay 60.00 amonth but will more thenlikley continue seeing as the hassle it seems to be nightmare a

[Huff&Puff]

Why are you paying more than the court ordered?

[ODC]

i am actully paying more now then the court ordered 5 years ago we pay 60.00 amonth but will more thenlikley continue seeing as the hassle it seems to be nightmare a

You do NOT have to any more than the amount indicated on the CCJ. Reduce your payments IMMEDIATELY to that which is indicated on the CCJ. IQOR cannot force you to pay more than the CCJ, If you are paying by direct debit cancel it and demand they set up a standing order. Keep us posted on how you get on. One bit of advice NEVER speak to these cretins on the phone. Keep everything in writing and do not sign any letters

[shrimper10]

i am paying more because every 6 months they write to me and say they can no longer accept the amount we are paying and keep bothering us to pay more, i do pay by standing order not by direct debit

[citizenB]

i am paying more because every 6 months they write to me and say they can no longer accept the amount we are paying and keep bothering us to pay more, i do pay by standing order not by direct debit

 

That is good you are paying by standing order, at least they cant help themselves to your funds.

 

You do only need to pay what the court has ordered. If they want you to pay more then THEY should have returned to court and asked for a redetermination/variation order.

 

If you are happy to pay what you are now paying then continue to do so. But, if they ask for more then advise them that you will be seeking the court's advice on their tactics.

[shrimper10]

thank you for your help very much appreciated

[Huff&Puff]

And report them to the OFT. Bullying people into paying more than a court ordered is outrageous behaviour I'm wondering if it wouldn't be possible to claim back the excess, if you were minded to do so.

[ODC]

Please change your standing order back to what the CCJ states. If IQOR get on their high horse let them go to the expense of taking you back to Court where I am sure by carefully looking at ALL your expenditure you probably will discover you cannot really afford what they are demanding. Definately make a formal complaint to the OFT, the CSA and your MP.

 

Yet again because of the sheer greed of these shysters we someone else driven to worry and despair.

 

Have they ever sent you a statement of the account. You may well have already satisfied the CCJ

[shrimper10]

Hi sorry not alot of the terminology is anything that i understand to well. I do not even still have the paperwork from the court it was around 7 years ago, i have just been paying this money each month from my bank account since that time and uping the payment every so often when they bug me. Which is why the payment that i now make is 60 a month, i know that the 6 years of the ccj were up as i checked my credit report and also spoke to the credit reference agency about this they told me that around September time this would just automatically be removed.

 

I get a letter sent every 6 months that says we are unable to keep accepting this amount of payment and to call them to pay more basically and that letter also shows me my outstanding balance. So i have paid them over 4000 so far off the debt (loan). But i have not really got any statement of account, maybe i should write to them and ask for this.

 

Sorry to be vague but what does it mean that i may have already satisfied the ccj, please

Edited December 26, 2009 by shrimper10

[ODC]

Hi sorry not alot of the terminology is anything that i understand to well. I do not even still have the paperwork from the court it was around 7 years ago, You can contact the Court and get a copy of the judgement or asl IQOR to provide a copy i have just been paying this money each month from my bank account since that time and uping the payment every so often when they bug me.They CANNOT force you to increase the amount you pay each month, onl a Court can vary a CCJ Which is why the payment that i now make is 60 a month, i know that the 6 years of the ccj were up as i checked my credit report and also spoke to the credit reference agency about this they told me that around September time this would just automatically be removed.

 

I get a letter sent every 6 months that says we are unable to keep accepting this amount of payment and to call them to pay more basically and that letter also shows me my outstanding balance. So i have paid them over 4000 so far off the debt (loan). But i have not really got any statement of account, maybe i should write to them and ask for this.How much do they say is outstanding and have they added any interest or other charges to the original amount

 

Sorry to be vague but what does it mean that i may have already satisfied the ccj, please

 

To satisfy the CCJ you need to pay in full the amount that the CCJ was for

[Bazooka Boo]

i am paying more because every 6 months they write to me and say they can no longer accept the amount we are paying and keep bothering us to pay more,

 

That is absolutely incredible!

 

You MUST reduce your payments to that you were ordered.

 

Lodge a formal complaint with these clowns immediately, and from the very beginning make it know that you wish them to provide you with a 'Deadlock' letter, all this means is that both parties have reached a stalemate in the dispute and it will need to be looked at by an independent body, namely the Financial Ombudsman, to rectify it.

 

You should also ask them for a 'Statement of account' this will show all payments you have made to them, and the total balance outstanding, IF there is any!

 

I will not be at all surprised that you have paid this off in full a long time ago, and that they now owe you money.

 

It may be worthwhile getting in touch with the court that heard your case and issued you with the CCJ, and tell them that these clowns have acted without the courts permission and have been steadily raising your payments without the courts permission, how much was the initial debt, and could they ask the creditor, the guys who obtained the CCJ against you, if the account has been paid off, if so to issue you with a certificate of satisfaction.

 

I am really really annoyed by them,

Complain to them, the OFT, TS via Consumer Direct, your local MP, BBC Watchdog, & the FOS.

Contact us - The Office of Fair Trading

 

Consumer Direct

 

BBC - Watchdog - - Got a story

 

Financial Ombudsman Service

[palomino]

Since it is now more than six years since the judgment both you and Iqor will not be able to go back to the court.

After six years all records of the case disappear so no court will be able to hear the case.

 

Have you paid more than the judgment amount?

 

Did the original judgment order you to pay in instalments, or was the judgment for the full amount to be paid immediately but Iqor have agreed an instalment plan? If the former how much was the instalment amount?

 

Just curious - how much was the judgment amount?

[citizenB]

ODC, palamino and Bazooka Boo. Would the paperwork regarding the judgement be available through a Subject Access Request if it is no longer available from the court ?

 

Shrimper, I would be inclined to get in touch with the court as soon as they are open for business and see if you cant obtain copies of the paperwork. Have a look and see if you have anything with details of that CCJ on so you have a reference point for them to look for it.

[ODC]

The OP could always check for details of any CCJs in his name at

 

CCJs, court orders & fines - Search yourself and others - Trust Online

 

Im not sure that a court wouldnt be exempt from an SAR

[citizenB]

The OP could always check for details of any CCJs in his name at

 

CCJs, court orders & fines - Search yourself and others - Trust Online

 

Im not sure that a court wouldnt be exempt from an SAR

 

My apologies ODC, I meant SAR the creditor/DCA who are at present in control of the account, not the court.

[shrimper10]

god i am so confused.

 

Ok the case went to Northampton county court , i am sure, it was ordered that we pay £40.00 a month, maybe less, i can not be 100% as it was so long ago i just remeber being so annoyed at the time due to loss of work which is why it got to court in the first place, i have paid every single month by standing order since this time all of them years ago it must be 7 at least i moved house 6 years ago and it was before then it could be coming on 8 years. The actual loan was for £10,000.00 but i had been paying the bank each month the regular payment, due to loss of work they would not accept a payment each month that i was offering which is why it went to court, i remember signing for the paperwork at my front door recorded delivery and receiving the paperwork from the court, i remember also calling the company i had to at the time but i am sure that before they were not this company i am sure they were maybe legal and trade or something else but not always IQOR, and since that day i have paid them ,i could not even tell you the amount that was on the court paperwork to be honest this was the first time anything like this had ever happened and was quite worrying so i just kept paying and still am.

 

Like i mentioned already when you do try and talk to this company they are so rude and nasty that you feel intimidated when you call, i felt like a naughty child honestly was aweful.

 

So after all this time can i get a copy any where of the paperwork from the court u and statements of what i have paid , obviously i have my bank statements ,but to see the others would be good, citizen b the only thing i have to refer to is the court reference number which is something that i did write down and keep. Palomino i paid each month what the court asked me to do in instalments until i was asked by the company to increase over a period of time so i have nothing on paper. Bazooka boo, would i not be causing more trouble for myself if i changed my standing order amount to lower? only when i called these people they told me i can not do anything at all and can not just change things to suit myself and had to carry on the way that i had been!

 

Would the ccj amount though not be what the company are telling me is still outstanding i did not think that they could acutally change this amount

[citizenB]

In the first instance, as you have the court reference number, I would ask them if they are able to help you with copies of the judgement order.

 

At this point, I would not be inclined to reduce the payments to IQOR, you could set them off on a route you dont want to go just yet.

 

If you arent able to obtain paperwork from the court, then you are going to have send to send a Subject Access Request to IQOR. You would specifically be requesting everything, with particular requirements being statements showing payments made and the original judgement order.

 

If as you say, this account was with someone else when the judgement was made, the SAR should identify the company and you would then request from them the same information.

 

It is not in your interests to telephone IQOR or their solicitors. In fact if they phone you, you should refuse to speak to them. Politely advise that you want everything in writing from now on in order to protect yourself. The first couple of times will be difficult.. but it will get easier.

 

Meanwhile, if you have any stored paperwork, it might be a good idea to have a rustle through it and see if you did keep any of the original paperwork yourself.

 

HTH

[palomino]

In the first instance, as you have the court reference number, I would ask them if they are able to help you with copies of the judgement order.

 

The court will not have any record of this case at all. They are removed completely after six years.

The original credit (solicitors or DCA) might but the concept of them 'helping' is rather unusual to say the least.