Reduced Settlement Offer on CCJ - how does this work?

[harrassed senior]

CCJ in 2006 - had I known CAG then it would never have happened - proved since no enforceable CCA.

 

Payment was NEVER chased.

 

Now getting reduced payment letters from DCA which I am considering as I have 2 entries on my CRA files, the CCJ and one from the DCA. Both show the correct default date, but DCA show amount before Court Costs.

 

Can this be done, assuming I word the F & F properly, I would want the CCJ marked as settled/Paid in Full/Satisfied or whatever the correct wording is, BUT I obviously don't want to draw attention to the CCJ prior to settlement.

 

This of course, also brings up the tricky question of who can actually persue a CCJ, has it been sold on, surely only the OC or whoever obtained the CCJ can be party to an F & F.

 

Loads of questions, and I would appreciate your thoughts on this.

[PGH7447]

Got some thoughts but none printable - so a gentle Bump

[DES_1001]

Good question subbing

[Bazooka Boo]

AFAIK, and IMO, the CCJ can/should only be pursued/enforced by the claimant who was awarded the CCJ, so if they have flogged it on to another DCA, then that DCA would have needed to buy ALL of the rights regarding that debt under the law of property act, AND have gone back to court to be awarded a redetermination so that all payments go to the new owners of the debt.

 

ANY change to the CCJ once awarded by a DJ can ONLY be changed or amended by the court, so if for example A takes you to court for X amount and is awarded a CCJ so that you pay X amount per month toward the debt, then they sell this on to another DCA, then there is no contract, legal or otherwise which will make you liable to continue paying the CCJ under the current terms to the new owner.

 

Am I making any sense??? Bloody Wine!!

[dx100uk]

yep you cannot 'buy' a ccj.

 

the dca you now have offering a 'discount' will have knowledge of the ccj, i bet, but a choosing to ignore it

or

it's an entry from a phishing list that has generated an automatic letter from said dca without anyone looking at the case.

VERY typical of how phishing lists work.

 

pers , if the ccj has never been chased then sit tight.

it will make no diff atall to your credit rating that the ccj is shown as settled.

and it will have the extra detrimental effect of keeping your file open for another 6yrs from the date you settle it.

 

DON'T!

 

you've got two years to go till it drops off , that will make a VAST diff to your rating score.

 

there is today a post on a recent thread where the OP wrote to the cra's and queried a debt showed twice & the CRA removed the second one, this might be an idea for you

 

it SEEMS like the CRA might finally be taking action against this kind of thing.

 

dx

[dx100uk]

see post 34 here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?273464-Blackhorse-keep-changing-default-date-everytime-in-gets-near-6yrs&p=3113683

 

dx

[harrassed senior]

Many thanks, just a thought, 'if' I reported the DCA for the second entry, could this re-awake the original OC and what could he do after 4 years of non-activity and actual sale of 'amount owing' on CCJ. Would he have to go back to Court, of could he just demand payment, I never attended Court and the Judgement was for full payment in 28 days.

[dx100uk]

no there should be no contact

 

and as you have noted, you can't SELL a CCJ on.

 

it has to go back to court for the DCA to inherit it.

 

dx