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CCJ's, general advice/costs involved


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Hi all, something I'm currently unsure of. What costs are payable by the creditor should they wish to apply for a CCJ, and what costs are payable by the debtor?

 

I'm assuming that some sort of application/processing fee would be paid by the creditor, and this itself would be unrecoverable? (I'm just guessing here mind). I'm also assuming that if the debtor attempts to defend the CCJ and is unsuccessful, that they pay the creditors legal costs?

 

I've heard some stories of rogue CCJ applications from DCA's who have bought a debt. Let's say hypothetically that you've agreed in writing to pay a fixed ammount subject to review to the DCA. The DCA can't force you to complete an income and expenditure form, so you offer to keep up payments at the same level at review time. The DCA isn't happy at this (they wanted to scare the debtor into sending the I&E form), so starts the nasty letters routine, let's say they somehow manage to default the debtor (can't see how as you haven't defaulted on an agreement, but no doubt they could try anyway), and apply for a CCJ, what's the likely outcome in court? Would the judge just laugh them out of the door?

 

I'm trying to get a strategical advantage on behalf of a friend, while dealing with my old friends Global Debt Recovery. I know they're full of donkey dung, but talk of CCJ's is scaring my friend, and no ammount of me saying "they're talking rubbish" is helping calm them down.

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Without knowing the details of your friend's case it's difficult to give detailed info. but basically if the DCA decides to take your friend to court for the debt (whether or not he/she is continuing to make token payments), the DCA has to apply for a summons. The cost the court fee for this depends on the amount claimed plus the DCA will add their own legal costs. If the DCA is granted a CCJ those costs will be payable by your friend; if your friend defends & wins, he/she can claim his/her reasonable costs of defending & the DCA pays your friend.

 

Your friend is not obliged to send an I&E form to the DCA; indeed some would say it just gives the DCA an excuse to demand more money. However it is possible that the threatening letters will eventually lead to legal action & your friend should be prepared for this by (a) sending off a CCA request & (b) a SARs request. He/she will then be in a more informed postion as to the enforceability of the debt or otherwise & the possibility of successfully defending any legal action or using the info. to counter demands for increases in payments.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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