CCJ that has been sold

[PriorityOne]

IMO

 

 

 

I Would carry on making payments on ur book to GPB and more Important get ur payments with them back up to date ASAP, and given the fact GPB have not told u to send ur payments elsewhere and the fact that u have been given anything Legally either by HL or the DCA to actually lay claim to this debt then I would tell them to shove it where the sun does not shine and until they do then u will carry on making ur payments to GPB until proven otherwise. What makes you so certain that GPB were entitled to receive payment either? .... or that the alleged balance is even correct?

 

After all the worse that can happen is that GPB will have to forward ur payments onto HL They've already made it clear that they can't recover payments from GPB.... so why would OP want to continue paying them?(BIG DEAL) Make em work for a livin anyway and I would imagine they would send u a letter to that effect anyway.

 

 

But I am sure CPR 31.14 is the best way to go rather that a SAR and it won’t cost u anything, maybe someone with a bit more experience will just clarify that for u though.

 

Entirely your choice....

[Allwood]

Thanks PriorityOne and tinkerman

 

Last year HL wrote to my partner and on the back of their letter it has a copy of their Notice of Change of Solicitors. Therefore, HL were informing the court that they were acting in the collection CCJ. At the bottom of the note it had N434.

[the tinkerman]

As regards the letter from HL stating they cannot recover any money from GPB WHAT A LOAD OF BXXXOCKS But keep ur payments up they are Crafty bxxxxxds no payments, Next thing Defaulted CCJ and u don’t want that.

[Allwood]

I think you are right tinkerman, these people are crafty indeed.

I will continue making payments on the payment book from GPB.

 

Also, can the bulk CCJ at Northampton create a judegment without any agreement from the people that are making the claim.

 

Also what does a CPR 31.14 do, I have looked it up but it seems to relate to court action rather than asking for details on a claim perhaps I am not looking in the right place.

[the tinkerman]

What makes you so certain that GPB were entitled to receive payment either? .... or that the alleged balance is even correct

 

Fair Comment

 

They've already made it clear that they can't recover payments from GPB.... so why would OP want to continue paying them?

 

Just think it is better to be safe than sorry IMO better to pay someone than no one especially if the CCJ exists.

 

Sorry Allwood Only just read ur post to see that u did receive a Notice of Change of Solicitors so IMO opinion I would pay HL by P/O plus Jan & Feb payment to keep ur payments up to date then hit them with who owns what legally and what actually exists.

[Allwood]

 

Just think it is better to be safe than sorry IMO better to pay someone than no one especially if the CCJ exists.

 

Sorry Allwood Only just read ur post to see that u did receive a Notice of Change of Solicitors so IMO opinion I would pay HL by P/O plus Jan & Feb payment to keep ur payments up to date then hit them with who owns what legally and what actually exists.

 

I did not receive this from the court it was a copy that HL supposly sent to the court. It was on the back of one of their letter for my attention. I had nothing from the court whatsoever about any changes.

 

In your opinion what would CPR 31.14 reveal in relation to an existing CCJ, is it work pursuing it further.

[the tinkerman]

Hmmmmmmmm

Only way to find out for certain if it has been filed in Court is to ring them.

 

CPR 31.14 = Documents referred to in statements of case etc. PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS

 

CPR 18 = Obtaining Further information PART 18 - FURTHER INFORMATION

 

I was hoping someone with a bit more knowledge could point u in the right direction regarding these rules, as I am sure that if ur case has been the subject of Court proceedings in the past then u can use one of these rules to disclose the information that the Claimants case is based & relied upon,

but then again I could be wrong.

 

Jut trying to save u a bit of money rather than a SAR

[the tinkerman]

Certainly worth perusing if u can use or apply these rulings

E.g. Ask them for a copy of the Original CCA

A copy of the Original CCJ

A copy of the absolute assignment

A balance of account and how they arrive at that figure.

Then u can establish what is legal & what is not!

Whom u should be paying & whom u shouldn’t !

IMO as in my case if you have had a CCJ and the debt has been assigned to a DCA it should have to go back to Court for them to lay Claim to the debt.

Read my post “Hearing Of Application Question” & look at The GodMothers post on page one

[PriorityOne]

I think someone's getting carried away with legalities here....

 

Firstly, a CPR request relates to court action, as I've already said.... so it's not applicable to Allwood's situation because Judgement was already made some time ago. What we're trying to establish is who is entitled to collect payment from Allwood, together with a Statement of Account. A rec. delivery letter will therefore suffice.

 

Secondly, there is no point in paying GPB if the account's been sold to IJ/HL.... as they suggest.... and the whole point of writing to IJ/HL is to find out one way or another. GPB are very unlikely to pass these payments on.... and until Allwood has a Statement of Account, it's unclear what's still outstanding anyway, if anything after all these years.

 

Thirdly, what do you mean by a "defaulted CCJ"? What do you think will happen to Allwood if he defaults on the CCJ? Prison? There's no quicker way to spark a company into action thant to stop paying.... so whoever owns the debt will be in touch very quickly in order to re-enforce the CCJ through the courts, if necessary.... which will answer the question of who has the legal right to collect payment, if anyone.

 

It sounds as if you've swallowed the forum whole, Tinkerman....

[The GodMother]

 

http://i887.photobucket.com/albums/ac76/peigi100/copy2001.jpg

 

Next a letter was received from HL Solicitors stating that are now instructed by Intrum Justitia to act on their behalf. All payments should be made to them but no mentioned of how it should be paid, they also said that the existing payments set by the court would be subject to a review after 3 months. Cant do that this is set by the courts. *

 

 

removed urls contained personal details

[/url]http://i887.photobucket.com/albums/ac76/peigi100/copy5001-1.jpg

 

My partner has written to HL many times asking for a payment book as well as a copy of the legal assignment to no avail they have completely ignored her requests and now they say that payment should be made online.

Can my partner refuse to pay until HL send her a true copy of the legal assignment mentioned in FDFS letter as well as a payment book from HL Collections.

 

 

If they do try telling your partner to up the payments remind them they cant do that as payment is set but the courts. Also try telling them that u are suprised you have to remind a solicitors office of this and you deem it as very unprofessional of them not to know the law.

Edited February 22, 2010 by cerberusalert

[the tinkerman]

My Apologies Priority One missed ur post previously regarding CRP Rules

 

As Regards my Comment about Defaulting on a CCJ I am aware he won’t be sent to Alcatraz but my point was if the CCJ still exists if he stops paying it regardless of who owns it be it still the OC or the DCA, as I would imagine somebody does own it if it was the subject of a CCJ could they not then take him back to Court and enforce judgement e.g. Bailiffs, attachment of earnings, Charging order etc.

I am only speaking through my own case where I have kept my payments on a CCJ in 2000 up-to-date for the last 10 years and then it was assigned to a DCA back in 02, since then they have not given me any further proof that they own this debt yet they have taken me back to Court & WON to be substituted as the new Claimant and now going back to court to vary the Original Judgement.

(Work that one out)

[High Court Enforcer]

My partner has been been paying £1 a month for a ccj since 2000..

 

You are having a laugh. £1 per month????

 

Send in the bailiffs I say.

[PriorityOne]

You are having a laugh. £1 per month????

 

Send in the bailiffs I say.

 

Go away... .... I've read some of your drivel on the Bailiff forum...

[The GodMother]

Go away... .... I've read some of your drivel on the Bailiff forum...

 

 

maybe his drivel could be put to good use on this thread

 

GM/ Debtor has reneged on Court order for payments.

[PriorityOne]

My Apologies Priority One missed ur post previously regarding CRP Rules

 

As Regards my Comment about Defaulting on a CCJ I am aware he won’t be sent to Alcatraz but my point was if the CCJ still exists if he stops paying it regardless of who owns it be it still the OC or the DCA, as I would imagine somebody does own it if it was the subject of a CCJ could they not then take him back to Court and enforce judgement e.g. Bailiffs, attachment of earnings, Charging order etc. We don't know who "they" are though, do we..... that's the issue. Once we've established who has the legal right to pursue payment, then Allwood can take things from there.

I am only speaking through my own case where I have kept my payments on a CCJ in 2000 up-to-date for the last 10 years and then it was assigned to a DCA back in 02, since then they have not given me any further proof that they own this debt yet they have taken me back to Court & WON to be substituted as the new Claimant and now going back to court to vary the Original Judgement.

(Work that one out)

 

I assume there's a lot more to your situation that what's written in that paragraph, Tinkerman..... but even if the DCA is the new owner now, they've still not yet succeeded in upping your payments and, providing you defend, there's no certainty that they will. You've also not mentioned any bailiffs, attachment of earnings, CO, etc..... which should go to show, that these things are by no means instant.

[PriorityOne]

maybe his drivel could be put to good use on this thread

 

GM/ Debtor has reneged on Court order for payments.

 

I'm sure he'd love to GM....

[Allwood]

If they do try telling your partner to up the payments remind them they cant do that as payment is set but the courts. Also try telling them that u are suprised you have to remind a solicitors office of this and you deem it as very unprofessional of them not to know the law.

 

My partner has already written to them informing them that the court has set payments and would they send a payment book to her as well as copy of any agreement to no avail.

 

As my partner was very ill when this went to the court and did not attend court the ccj was granted. She is now under the impression that there was no money owed to these people and would like to see what evidence that was presented to the court in 2000 for the judgment to be granted. If she send a SAR to GPB would are they obliged to send her all the information that have regarding this ccj.

[PriorityOne]

Anyone who gets a SAR is legally obliged to comply, but your main concern at the moment is with HL/IJ..... because they claim to have it now. Digging around for info. that may/may not have led to the CCJ 10 years ago is unlikely to help you at the moment..... and far too late for you to have set aside now anyway.

[The GodMother]

i would assume you could have it set aside as the person was very ill and could claim to be not understanding of the process.

 

tho it does depend on the illness if it was mental health then l would say there is a possibility butdont quote me.

[Allwood]

You are so right PriorityOne they certainly have been digging and on looking at the correspondence that they sent to my partner they did not have anything to begin with. They sent a set of account that did not relate to my partners calculations.

 

HL client is acting on behalf of Intrum Justitia and they are acting for Phoenix Recoveries. Will a recorded letter have to be sent to all of them.

 

Also I note that I foolishly left some personal details on some of my partners correspondence that I have posted earlier, is it possible for this to be removed please. I cannot get to edit it myself.

Edited February 21, 2010 by Allwood

[the tinkerman]

Sorry Allwood if I Have misled u in anyway, I was genuinely trying to help!

Think in future id better just view your posts rather than comment on them as I am only a novice myself, leave it to the experienced people! All getting a bit to personal for my liking.

But GOOD LUCK:)

[cerberusalert]

Also I note that I foolishly left some personal details on some of my partners correspondence that I have posted earlier, is it possible for this to be removed please. I cannot get to edit it myself.

post #35 edited.

[PriorityOne]

i would assume you could have it set aside as the person was very ill and could claim to be not understanding of the process.

 

tho it does depend on the illness if it was mental health then l would say there is a possibility butdont quote me.

 

The CCJ is 10 years old GM...

[PriorityOne]

 

HL client is acting on behalf of Intrum Justitia and they are acting for Phoenix Recoveries. Will a recorded letter have to be sent to all of them.

 

Also I note that I foolishly left some personal details on some of my partners correspondence that I have posted earlier, is it possible for this to be removed please. I cannot get to edit it myself.

 

Just send the letter to HL for now (copy to IJ)

[The GodMother]

The CCJ is 10 years old GM...

 

Does not matter if the person was ill and they can prove it then it has a possibility of being set aside especially as she did not understand.