Jump to content


Cancellation of A CCJ - Advice please


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3175 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

Link to post
Share on other sites

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.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
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?

Link to post
Share on other sites
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.

Link to post
Share on other sites

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?

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

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.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

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?

Link to post
Share on other sites
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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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!

Link to post
Share on other sites

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

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.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
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?

Link to post
Share on other sites

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 by Ford

IMO

:-):rant:

 

Link to post
Share on other sites
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.

Link to post
Share on other sites

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

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...