Cancellation of A CCJ - Advice please

[AngryDover]

Hi all,

 

My Partner, rather stupidly, took out a PDL with Safeloans at the end of last year. Amazingly, without any of the usual blurb, they went straight for a CCj when he missed his payment.

 

The first I knew about it was the actually judgment being thrust into my hands by a frantic and distraught OH. The Judgment was 9th July and, when I was paid, I paid the debt off at the F&F settlement rate that Safeloans offered. Safeloans then stated that they would advise the court that payment had been made, however it appears that this may not have been done as he received a letter from Northampton CCBC saying that a hearing was being set up at Canterbury CC.

 

My understanding is that if the payment is made within 30 days of the Judgment being filed it can be cancelled by the court issuing it, is this correct?

 

We have the receipts etc (by email) from safeloans stating that the account had been paid etc, however, can we contact the court and ask for it to be cancelled? this is fairly urgent as my OH works in the financial sector and could lose his job if the company do one of their FSA spot checks.

 

Any Advice Gratefully accepted.

 

Thanks

[citizenB]

This is correct, if a County court Judgment is paid within 30 days it is as though it was never made.

 

I will get someone to confirm that for you though.

 

I wonder if there is also something we can do about Safeloans. This is very wrong of them not to have discontinued the action.

[Guest]

what is the hearing for?

[Ganymede]

Hi all,

 

My Partner, rather stupidly, took out a PDL with Safeloans at the end of last year. Amazingly, without any of the usual blurb, they went straight for a CCj when he missed his payment.

 

The first I knew about it was the actually judgment being thrust into my hands by a frantic and distraught OH. The Judgment was 9th July and, when I was paid, I paid the debt off at the F&F settlement rate that Safeloans offered. Safeloans then stated that they would advise the court that payment had been made, however it appears that this may not have been done as he received a letter from Northampton CCBC saying that a hearing was being set up at Canterbury CC.

 

My understanding is that if the payment is made within 30 days of the Judgment being filed it can be cancelled by the court issuing it, is this correct?

 

We have the receipts etc (by email) from safeloans stating that the account had been paid etc, however, can we contact the court and ask for it to be cancelled? this is fairly urgent as my OH works in the financial sector and could lose his job if the company do one of their FSA spot checks.

 

Any Advice Gratefully accepted.

 

Thanks

 

 

 

Are you sure it was a judgment and not just a claim form that was received?

[AngryDover]

Are you sure it was a judgment and not just a claim form that was received?

 

Yes, I also checked with the Registry Trust Online who confirmed it was definitely a judgment... I checked it yesterday, 3 weeks after I paid it for him, and it's still showing as unsatisfied...

 

Safeloans have stated that they informed the court electronically however we've not received any confirmation from the court.

[citizenB]

Can you please confirm..

 

 

" I paid the debt off at the F&F settlement rate that Safeloans offered."

 

The above is key was this equal to the summons amount? Inc costs?

[citizenB]

I would also ask Safeloans for confirmation - in writing - that

 

a) they informed the court in good time

b) that the claim was properly settled in the correct amount.

[AngryDover]

Thanks for your comments,

 

We emailed Safeloans as soon as I became aware of the problem. They stated that even though the Judgment was for £287 (on the summons) they would accept £224 in full and final settlement of the account and that if the F&F amount was paid they would advise the court that the account had been settled and that the court would accept this as settlement of the judgment.

 

Upon Payment they stated that they had advised the court that day.

 

Is this a case of the court slowing things down with bureaucracy?

 

If not, and the court have not accepted the F&F figure as payment of the Judgment, can I pursue safeloans for providing dodgy information?

[AngryDover]

Another Quick question guys, Sorry

Is email accepted as "in writing"?

[AndyOrch]

Another Quick question guys, Sorry

Is email accepted as "in writing"?

Yes Angry

 

you are referring to this:- " They stated that even though the Judgment was for £287 (on the summons) they would accept £224 in Full and final "

 

Regards

 

Andy

[AngryDover]

Thanks Andy,

 

So it appears that we've covered ourselves.... I just need to check whether the Judgment has been cancelled in the past few days. What worried me was that two days after the payment had been received by Safeloans, my partner received the letter from Northampton CCBC stating that the case was being moved to Canterbury CC for enforcement. If a bailiff turns up I'm gonna go scatty!

[AndyOrch]

You could also ring Northampton and ask why its been transferred for enforcement as payment has been made?

[citizenB]

There definitely appears to be a bit of a muddle.. whose fault it is, hopefully will become clearer.

 

Your first action is to find out whether Safeloans did indeed inform the court - in which case the blame lies with the court.

 

If they didnt, then the blame of course lies with Safeloans.

 

Once established, you should be able to make a complaint.

[Ganymede]

Have you applied for a Certificate of Satisfaction/Cancellation?

[AngryDover]

Have you applied for a Certificate of Satisfaction/Cancellation?

 

Not yet,

 

The way I understood it, it's down to the Plaintiff to advise the court that the Judgment has been paid. How do I apply for one if I need to?

[Guest]

cert of satisfaction is usually to show that a ccj validly on the register has been paid. records would show that the recorded ccj has been paid. different to the within one month issue where a ccj should not be shown at all if paid/satisfied within then? q is whether the part f&f payment is acceptable as full satisfaction of the judgment amount? if so, ccj should not be shown at all.

Edited August 20, 2012 by Ford

[AngryDover]

That's a worrying point. If its not then I'll be suing them myself if OH loses his job!

[Guest]

didn't mean to worry you! here's an overview http://www.trustonline.org.uk/understand-judgments-fines/certificate-of-satisfaction-satisfied-vs-unsatisfied-ccjs/

[Ganymede]

cert of satisfaction is usually to show that a ccj validly on the register has been paid. records would show that the recorded ccj has been paid. different to the within one month issue where a ccj should not be shown at all if paid/satisfied within then? q is whether the part f&f payment is acceptable as full satisfaction of the judgment amount? if so, ccj should not be shown at all.

 

 

In my experience that is a bit of a grey area and depends on the Court in question. Some Courts will not allow a Certificate of Cancellation to be issued if the CCJ has been settled at a reduced amount as I guess the balance is still technically payable. The Claimant will have to word their letter confirming settlement in a particular way and not refer to the short settlement. However, some Courts don't care!

 

It is for the Defendant to pay the fee and apply for the CCJ to be marked as satisfied/cancelled. If memory serves it is form N443 and there is a fee of £15.00 to pay.

 

As Ford says, Cancellation for a CCJ paid in full within one month or Satisfaction for a CCJ paid after that. However, you don't need to have made the application within one month, just made the payment.

[lostinspace1000]

next i knew was the court safeloans are muppets, they issue ccjs left right and centre, i had one from them 100 initial debt which became 350. they never wrote to me or anything, letter telling me about the arressment. looked on experian and the twats have 5 seperate mentions on it, 5 defaults and a ccj. *******s. paid it and left it at that, credit reports are tosh unless you dont have a mortgage