After a CCJ what can a Creditor ACTUALLY DO

[PriorityOne]

hi, can you refer me to court procedures which actually refer to this.

 

 

I don't go down the "court" route to get all my answers Debbbsy, so can't help you with that one. However, if a company/individual claims to have a CCJ on you, then they need to provide evidence to substantiate that claim. There've been threads on here in the past where companies have claimed to have CCJs but been unable to substantiate anything, either because the CCJ wasn't taken out by that company, or because it's very old and no info. is available anymore or, because they were lying.

 

[cerberusalert]

At the very least they would have to provide a case number before a court would entertain any application for enforcement.

[debbbbsy]

Hi guys,

 

I'm helping on another thread, any input would really be appreciated.

Original CCJ in 1993

Claimant made application for attachment of earnings, case was dismissed. Plaintiff at time did not own a property & was on maternity leave. No payments set.

No payments made ever.

No contact with OC.

No letters from anybody.

DCA applies for Interim Charge Jan 2011.

SAR sent requesting copy of Original Judgement & Notice of Assignment.

DCA refuses to comply.

 

 

Charging Order

 

 

Debs

[cerberusalert]

Although a CCJ never becomes Statute Barred if the creditor has not enforced it within six years they would have to apply to a court to do so. Applying for an ICO is a form of enforcement ergo........

DCA applies for Interim Charge Jan 2011.

SAR sent requesting copy of Original Judgement & Notice of Assignment.

DCA refuses to comply.

They probably have no details of the CCJ.

 

Was the CCJ obtained by the original creditor? If so and it was sold to the DCA they would have to have applied to a court to have it transferred to them within a specific time frame IIRC.

[debbbbsy]

Was the CCJ obtained by the original creditor?

 

Yes. In 1993.

 

If so and it was sold to the DCA they would have to have applied to a court to have it transferred to them within a specific time frame IIRC.

 

They did this in Dec 2010, as soon as they had this they made the application. Infact that is the only document they have provided. But, it shows that they bought it from another DCA and not the OC.

[cerberusalert]

If after 6 years you have not satisfied the CCJ and the claimant then seeks a Charging order they would have to demonstrate reasonable grounds to the court as to why they had not previously applied within a “reasonable time frame” for the CCJ to be enforced via a charging order, this however does not effect the validity of the CCJ its self.

 

I think they'll find it impossible to convince a court to allow a ICO for a couple of reasons, they have not enforced the debt within six years & it is highly unlikely that they can prove the existence of the ccj either by producing a copy or being able to provide the case number.

 

The court will not hold any details they'll be archived and cannot be accessed without the case number + it is expunged from the Registry Trust after six years.

[BradB]

Yes. In 1993.

 

 

 

They did this in Dec 2010, as soon as they had this they made the application. Infact that is the only document they have provided. But, it shows that they bought it from another DCA and not the OC.

 

Hi, charging order here. Can I just add that the Lawsmiths solicitors told me on the phone that Phoenix Recoveries purchased the debt on 6.8.01 from National Home Loans but my papers say that they were not substituted by the court until December 2010 (9 years later).

[reorete]

id like to thank you jimbo xxx after 3 nights of no sleep its refreshing to read your posts.. i myself recieved a ccj this weekend from link financial.. it was given by default at northhampton county court.. im a single mum of 3. on benefits and there asking for 271 pounds a month.. debt has reached 5000 with all the extra charges added on.. im being treated for high blood pressure and severe panic attacks..im now worried i cant pay.. council home no car.. no money... got to the point this weekend where i felt like topping myself.. worrying about bailiffs taking my things which isnt much but i have kids and things are bad enough for them as it is...i disputed the debt from the start and never paid or aknowledged it since 2002.. statue barred debt too but they managed to get a judgment..and no i cant afford the 75 pounds to set it aside lol.. im skint and depressed over debt..so thanks for cheering me up xxxxxx

[cerberusalert]

and no i cant afford the 75 pounds to set it aside

There are certain circumstances where it is free;

Fee remission if you are on benefits

 

You will not have to pay the fee if you are on the following benefits:

Income Support;

income-based Jobseeker’s Allowance (JSA);

the guarantee credit element of Pension Credit; or

income-related Employment and Support Allowance; or

Working Tax Credit if you are not getting Child Tax Credit as well.

 

You must ask the court for exemption from the fee. You need to give the court proof that you are getting the benefit. This must be a letter or notice that is less than one month old.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court#ccf

[reorete]

ty i didnt know that xxx

[cerberusalert]

ty i didnt know that xxx

 

I bet you've cheered up even more now?

[BradB]

Hi, do you have any idea what the specific time frame you refer to above is? From my paper work it appears that they took 9 years! Thanks

Edited February 28, 2011 by BradB
spelling

[cerberusalert]

The CCJ would have to be re-registered by the court within a year of it being sold on.

[rockwell304]

id like to thank you jimbo xxx after 3 nights of no sleep its refreshing to read your posts.. i myself recieved a ccj this weekend from link financial.. it was given by default at northhampton county court.. im a single mum of 3. on benefits and there asking for 271 pounds a month.. debt has reached 5000 with all the extra charges added on.. im being treated for high blood pressure and severe panic attacks..im now worried i cant pay.. council home no car.. no money... got to the point this weekend where i felt like topping myself.. worrying about bailiffs taking my things which isnt much but i have kids and things are bad enough for them as it is...i disputed the debt from the start and never paid or aknowledged it since 2002.. statue barred debt too but they managed to get a judgment..and no i cant afford the 75 pounds to set it aside lol.. im skint and depressed over debt..so thanks for cheering me up xxxxxx

 

Debt not acknowledged, No payment since 2002. Surely this CCJ could be set aside, you certainly have good cause. As Cerberus stated above, set aside cost should be free as you are claiming benefits. There are people here who will definitely assist you.

 

Don't be depressed about the debt, I know someone who is paying £100 per month on 17M, yes 17 Million!!! And it was accepted by the court as a viable and serious offer. Using that ratio you should be paying 0.00001P per month!

 

Good luck!

[BradB]

The CCJ would have to be re-registered by the court within a year of it being sold on.

Thanks for this. So in my case if the court papers say they were not substituted as the claimant until December 2011 it seems that they have made a mistake somewhere. If this is the case is it good reason to have it dismissed?

[Happyhippy1959]

Great advice Jimbo, watching this with interest. I am a home owner but £20,000 in neg equity about £40,000 unsecured debt, ex ran off have mortgage and secure loan to pay myself as she is not playing ball. 70% of my income gone with just mortgage and SL. by time council tax and utilities and food are taken out minus for the Hippy, I have agreed £1.00 token payments with 15 of my 16 creditors or DCA's. Marlins on the other hand accepted in December for a pitiful £890 overdraft made up of unfair charges a £1.00 a month then in February wanted to up it. So am going to SAR Yorkshire bank. On hold now for 30 days.

 

My debts have been ongoing for nearly three years, Jimbo is quite right, what can they do, I am a house owner, had the threats, I tell them, go for it and I will let it get reposed and go BR. I have this month missed for the first time in 13 years my mortgage payment and SL payment. The money has been put in another account ready for bankruptcy should any of these clowns try any dodgy tricks. As for my credit rating it is already shot away and to now learn what these cockroaches pay for the debt has made my blood pressure rise through the roof, (extra atenolol for the hippy) I am trying to force my ex's hand in to contributing to the mortgage and SL if she doe's not play ball then its let them take it, see what's owing to the SL lender after and throw that in the BR pot as soon as it becomes unsecured. It is a nasty business, they lie and threaten you, but as someone said if after nearly three years I have not acquired as yet one CCJ then they are wind and P*ss I just wish one of them would give me a SD, save me £600.00 if i need to go BR....

 

One question, which i think I know the answer too, if by any chance I receive a CCJ, the bankruptcy I assume wipes that out???????

[cerberusalert]

A bankruptcy applies to all of your debts, and so a CCJ would indeed be included. However, there are a number of caveats to this. In the first instance, creditors are under no obligation to mark outstanding CCJs as 'settled' on your credit rating, even after your bankruptcy has been discharged, unless the debt was paid in the intervening time. However, some individuals report that County Courts will sometimes mark CCJs as settled if you provide a copy of your bankruptcy notice along with a £10 administration charge.

[harrassed senior]

Hi, charging order here. Can I just add that the Lawsmiths solicitors told me on the phone that Phoenix Recoveries purchased the debt on 6.8.01 from National Home Loans but my papers say that they were not substituted by the court until December 2010 (9 years later).

 

Would this be in connection with a Mortgage as I believe some different 'rules' apply.

[BradB]

Hi, yes this relates to a mortgage shortfall.

[impecunious]

A bankruptcy applies to all of your debts, and so a CCJ would indeed be included. However, there are a number of caveats to this. In the first instance, creditors are under no obligation to mark outstanding CCJs as 'settled' on your credit rating, even after your bankruptcy has been discharged, unless the debt was paid in the intervening time. However, some individuals report that County Courts will sometimes mark CCJs as settled if you provide a copy of your bankruptcy notice along with a £10 administration charge.

 

 

Certain debts remain extant after bankruptcy: student loans and unsatisfied claims for personal injuries immediately come to mind! I only know this because I've taken advice from The National Debtline. Otherwise I would have applied for bankruptcy 2 yrs ago.

 

Impecunious!

[cerberusalert]

The forms of debt that are excluded from the judgement.

 

Student Loans & Company Debts These loans are not taken into consideration when you file for bankruptcy. You will still have to meet your monthly payments, however.

 

Fines If you have outstanding fines you will still have to pay them off. These are not subject to a bankruptcy order

Child Support or Maintenance Again, these orders are exempt from bankruptcy orders. If you have either of these commitments you will still be required to pay them on a regular basis. Failure to do so will result in them being removed from your wages at source.

 

Family Court Orders Whatever type of financial order you have from a family court, they will not be considered for a bankruptcy orders. You may apply to the court to have them reduced.

 

Secured Loans These loans are secured on your home. They too are not subject to any bankruptcy order. Failure to make repayments on this type of loan will result in you losing your home. Only unsecured debts can be considered for a bankruptcy order.

 

Personal Injury Debts If you have been found guilty of personal injury to another person you will still have to make payments for their injuries. You can renegotiate this debt. Payments must be made.

Fraudulent DebtsIf you have accessed funds through fraudulent means then they are not taken into consideration for bankruptcy. Any person filing for bankruptcy found guilty of falsehood may be subject to further restrictions in their bankruptcy order.

 

 

Criminal Court Debts If you are subject to a court ruling and subsequent fine for criminal activity then you must repay the amount in full. These fines are bankruptcy exempt.

[reorete]

so what steps do i take next?

[cerberusalert]

so what steps do i take next?

 

Apply for a redetermination order, because of your circumstances the fee is waived and there is every likelihood that a judge would reduce payments down to as little as £1 per month.

[impecunious]

The forms of debt that are excluded from the judgement.

 

Student Loans & Company Debts These loans are not taken into consideration when you file for bankruptcy. You will still have to meet your monthly payments, however.

 

Fines If you have outstanding fines you will still have to pay them off. These are not subject to a bankruptcy order

Child Support or Maintenance Again, these orders are exempt from bankruptcy orders. If you have either of these commitments you will still be required to pay them on a regular basis. Failure to do so will result in them being removed from your wages at source.

 

Family Court Orders Whatever type of financial order you have from a family court, they will not be considered for a bankruptcy orders. You may apply to the court to have them reduced.

 

Secured Loans These loans are secured on your home. They too are not subject to any bankruptcy order. Failure to make repayments on this type of loan will result in you losing your home. Only unsecured debts can be considered for a bankruptcy order.

 

Personal Injury Debts If you have been found guilty of personal injury to another person you will still have to make payments for their injuries. You can renegotiate this debt. Payments must be made.

Fraudulent DebtsIf you have accessed funds through fraudulent means then they are not taken into consideration for bankruptcy. Any person filing for bankruptcy found guilty of falsehood may be subject to further restrictions in their bankruptcy order.

 

 

Criminal Court Debts If you are subject to a court ruling and subsequent fine for criminal activity then you must repay the amount in full. These fines are bankruptcy exempt.

 

Your Royal Flush beats my pair of jacks!

 

Interesting stuff!

 

 

Impecunious!