DCA Chasing debt that already has a CCJ

[thehomee]

Hi all

A few years ago I was helped on this forum when I received a County Court summons from Irwin Mitchell on behalf of Welcome Finance.

 

I agreed a figure of £110 with the courts and that sum was paid regularly until I lost my job a few months later.

 

I then contacted Irwin Mitchell, who agreed that I could reduce the payment to £10pm.

I did so, and have continued paying that amount and I am currently still paying that.

 

I received a letter today from a company called LRC, and it was a final demand for the Welcome Finance debt!

 

I called them and they said that they had taken over from Irwin Mitchell and that I now should pay them and not Irwin Mitchell,

and that Irwin Mitchell's reduced amount is no longer available.

 

Can anyone tell me where I stand on this?

 

Do I really have to pay LRC instead?

 

Can they really increase the amount back to the original amount just like that?

 

Thanks in advance for any help.

[brokebutnotbeatn]

2 points.

firstly to reduce the amount you should have applied to the courts for a redetermination

- you can still do this based on a change of circumstance.

 

secondly you must continue to pay the CCJ to whomever the order says you have to pay it to and that's NOT Welcome Finance.

 

So a couple of things to research on the site and no doubt others will be along with more specific advice.

 

But you may find the answers to both questions before then...

[thehomee]

Hi, Thanks for the reply.

 

I didn't apply to the court because Irwin Mitchell were so good about it and just accepted my reduced offer without question.

 

The courts told me to pay Irwin Mitchell.

Now this new company want me to pay them.

 

I emailed Irwin Mitchell and they confirmed they are no longer dealing with Welcome's customers.

[brokebutnotbeatn]

If the court order is for Welcome then you have estopel as your defence but you should still apply to the courts for a retermination I believe.

 

But is the CCJ for Welcome or IM?

 

You need to make sure your payments have been coming off the amount owed too.

 

You should only be paying whomever the order says, no-one else.

[thehomee]

Hi, well the CCJ is for IM, but IM have confirmed by email that I now have to pay the new DCA.

[brokebutnotbeatn]

it may be that IM can write and tell you to pay someone else (I would check with the courts) but you do need to apply to the courts for a redetermination to have the amount reduced by making an application to vary an order (N245). There may be a fee involved. You can research this.

[brokebutnotbeatn]

ignore an email and until you know your rights keep paying as per your current order and agreement. Do not respond to an email.

[thehomee]

OK. Well I agree with the 'don't respond to an email' , but if I keep on paying IM and they don't want the money I am not sure what will happen. I am going to write to the court, but judging by the lack of help they provided when I was first summonsed I don't expect a lot of help or advice this time!

Thanks for all your input everyone.

[brokebutnotbeatn]

The courts are not there to give advice. You do need to apply for a redetermination.

 

Although I would research the site to see what do do it someone else seeks to enforce the CCJ.

[dx100uk]

interesting..........

 

 

also did you get reclaiming from welcome PPI/INS and PENALTY charges?

 

dx

[thehomee]

Funny enough, yes, I got the PPI thing the other day and will be completing it at the weekend.

From what I have been reading in the last few hours it is becoming apparent that this new company have no juristiction over my ccj and would have to go to court again to enforce it, so I will ask IM for a letter to confirm I no longer have to pay them and then see what this new lot do next.

[Bazooka Boo]

You really need to get in touch with the court that awarded you your CCJ and advise them as to what is going on, the courts will take a very dim view of this, and your reducing payments, you need to comply with what the court ordered, if your circumstances have changed, which you say they have then you need to apply to the court for a redetermination, IM do not have your best interest at heart, neither does any DCA, going against the word of the court will land you in a whole lot of bother you really don't need.

[brokebutnotbeatn]

they don't decide who you pay or what you pay, the courts do. you have now been given about all the advice there is to give against this really. Good luck and update the thread as you sort it.

[thehomee]

OK. Well, I have just spoken to cccs and they have said I should just continue to pay the new company the same amount as I was paying IM, and then see what happens....

[brokebutnotbeatn]

I don't agree with this (I am not a fan of CCCS anyway) and you absolutely must seek a redetermination. but this is a self self site so you should research and take or leave what advice you feel will work for you.

[Bazooka Boo]

I beginning to feel as though someone's yanking my chain?

 

As bbnb has already said, all of the advice has been given, you choose not to listen to it, and seem quite happy to choose your own path, which is not the way to go about it, and for that reason......................I'm out!