Apex / pinnacle legal recoveries help!! CCJ problem

[mak73]

Hi, new here so please bare with me.

ok, long story short, husband died back in 2005, had a Black Horse loan, which i was taken to court for and acquired a ccj, which i have paid every month on time.

recieved a letter from pinnacle stating that they have purchased my account and that all rights, interests and claims as at the 27 november 2010, have been assigned to Apex credit management.

My account became active on 8 february 2011 and therefore all future discussions and correspondence regarding this debt must be direct with pinacle legal recoveries.

 

we understand that Black Horse has previously secured a county court judgement against you. Please be advised that non payment of the account may result in further legal action. However, we would like to avoid this course of action and would rather discuss your account and arrive at a mutually agreeable repayment plan.

 

question 1, does my ccj still stand?

2, does the monthly payment stay the same?

3, should i request for a CCA? or Notice of Agreement ?

 

Don't know what to do, have had phone call after phone call.

shouldn't Black Horse informed me that my account has been sold, as february and March standing order is still going to black horse.

[silverfox1961]

Hi and welcome to CAG

 

I was under the impression they had to register the change of ownership with the court (could be wrong though)

 

They cannot force you to pay more than you already are without going back to court.

 

As for the phone calls, look HERE for some harassment letters (section 4)

 

More help will be on its way

[mak73]

thankyou silverfox1961, new to all this so shall keep on reading through threads

[Revenant]

"ok, long story short, husband died back in 2005, had a Black Horse loan, which i was taken to court for and acquired a ccj, which i have paid every month on time."

 

Hi mak

 

As sf has said more help will follow but my question is . . I assume that it was a joint loan and not just in hubbies name

 

Regards

 

R

[mak73]

Hi Revernant, loan was just in my name, credits cards were joint names, but thats a different story..

[Revenant]

Hi Revernant, loan was just in my name, credits cards were joint names, but thats a different story..

 

Thanks mak

 

There's a lot of reading to do and from mine I tend to agree with sf

 

I'm sure that any changes to a CCJ must go through the Court and you should be told

 

Might be worth a quick call/letter to the Court if you still have the details and myabe a letter to the other lot disputing the change as you've no knowledge of it so can they send the relevant documents to you

 

Make them earn thier ill gotten gains

 

R

[mak73]

Thanks R, have got the final charging order in front of me.

On the back of a letter from Apex is a Annual Statement Advice, stating that from 11/01/2001 - 11/03/2011 a total of £40.00 has been paid to them,

not out of my bank account it hasn't !! checked my bank statement and my standing order is still going to black horse.

confused much!!!

[mak73]

2011 ? oops

[Revenant]

Catch 22 eh mak

You don't want to default on the CCJ but yiu also don't want the money going to the wrong account

I really think you need to get hold of any/all the info you can, I'm not sure if there's a particular letter to use so the Court could be the place to start

There are caggers with better knowledge of CCj's and I'm sure some one will get in at some point, it might even be worth asking one of the site team to change the title of your thread to reflect it's a CCJ problem . . (What do you think sf?)

R

[mak73]

how do i do that R.

[Revenant]

how do i do that R.

 

Well I'm afraid it's really technical mak

Click on the triangle bottom left of your post and ask via the message box

 

R

[mak73]

Lol, thanks R

[Revenant]

Lol, thanks R

 

 

You're welocme mak

R

[silverfox1961]

Thread title altered as requested

[mak73]

Good morning, was hoping for a bit more help with this problem, anybody have any knowledge

about what i can do.

[silverfox1961]

Morning,

I suggest that you WRITE to Apex and get their bank detals so that you can set up a new standing order for the same amount (remember, they cannot change this amount without going back to court) Tell them that as the court has set the payment, you will continue paying what the court has said. If they don't like it-tough!

Contact BlackHorse, agian, in writing to get confirmation that this has been passed over to Apex.

 

Until the new standing order is in place, carry on paying BH. So long as you can prove that payments are still being made, I wouldn't worry about them taking you back to court.

 

As this is a CCJ, there is no point (at the moment) asking for the agreement although you should have had some notice that the account had been transferred

[ScarletPimpernel]

I'm afraid I must disagree with SilverFox.

 

You must continue to pay in accordance with the order of the court. If the court ordered you to pay Black Horse, that's who you should pay.

 

Send Pinnacle a short letter stating that as they have not provided you with any evidence that the Court has varied the original judgement, you will continue to pay as per the court's orders.

[silverfox1961]

I'm afraid I must disagree with SilverFox.

 

You must continue to pay in accordance with the order of the court. If the court ordered you to pay Black Horse, that's who you should pay.

 

Send Pinnacle a short letter stating that as they have not provided you with any evidence that the Court has varied the original judgement, you will continue to pay as per the court's orders.

 

I'll remember that when I make a cock up again.

Every day is a school day

[mak73]

hi sp, do you think i should ask pinnacle for a deed of assignment?

[mak73]

morning all, so i sent a letter to pinnacle stating that since they have not shown me any documentation to the fact that black horse have sold my account to them, and have neither had anything from the court to state the fact. that i would therefore continue to pay black horse as per the courts orders.

 

didin't here anything back, until the other day with no regard to the letter i sent pinnacle, just ignored my letter by the sounds of it.

 

We note with regret that you have chosen not to deal with this matter despite our previous comminication

in which we endeavoured to a agree a satisfactory arrangement to settle this account without the need for

legal action.

 

It is therefore our intention to progress through our pre-litigation system where the relevant

validations and checks will be completed. This will consisit of a credit check to view your current credit

commitments, a possible land regisrty check against any owned property and further personal checks.

Your account will then be passed to our solicitors who will commence legal action.

 

Through the litigation process we will seek to further enforce your current county court judgement,

directing you to pay the monies outstanding by one of the following enforcements applicable to your

personal circumstances. We may obtain a charging order agaginst your property, a warrant of execution,

where a court enforcement officer (baliff) will be assigned to attend your address and carry out the

warrant, a statuatory demand or, alternatively, an attatchment of earnings where monies will be collected

directly from your salary.

 

All of this action is avoidable, it is therefore in your interest to prevent the above course of action by

contacting this office immediately to discuss settlement of your proposed arrangement.

 

ok, so , Black Horse are still taking payment of my CCJ, What shall i do next.?????

Edited April 18, 2011 by mak73

[mak73]

Would really appreciate some help.

[mak73]

any advice would be greatly appreciated.

[mak73]

hi all, received a new letter this morning from pinnacle.

 

With reference to the above mentioned account and as confirmed in our recent telephone conversation ( no telepnhone call, told them all correspondence to be made by letter).

Please find enclosed a personal budget planner to be completed fully and returned to the above address within 7 days.

 

Am still paying Black Horse the CCJ payments.

What shall i do, fill it in or ignore it???

[brokebutnotbeatn]

continue to pay Black Horse as per the CCJ (and court instructions) and ignore them

[Revenant]

hi all, received a new letter this morning from pinnacle.

 

With reference to the above mentioned account and as confirmed in our recent telephone conversation ( no telepnhone call, told them all correspondence to be made by letter).

Please find enclosed a personal budget planner to be completed fully and returned to the above address within 7 days.

 

Am still paying Black Horse the CCJ payments.

What shall i do, fill it in or ignore it???

 

Hi mak

 

They have no legal right to any I and E information so you can ignore the budget planner

 

R