Can changes be made after a CCJ?

[GhostDebt]

Good afternoon all

 

Prior to finding/joining CAG a number of years ago, the court ruled in favour of the claimant and we were given a CCJ.

Since the CCJ we have been paying the claimants solicitor on a monthly basis towards two claims both involving the same account.

Recently we have been contacted by a third party asking for payment towards the CCJ.

Having contacted the claimants solicitors it would appear that the claimant has taken back control of one claim but left control of the other claim with the claimants solicitors.

Having contacted the claimant they say we should deal with the third party.

 

Since there is already a CCJ in place, I am inclined to ignore the third party and continue to pay the claimants solicitors, or pay the claimant directly.

 

Where do we stand? Is the claimant allowed to pass the debt around after a CCJ and if we pay somebody else who is not involved in the CCJ are we breaching any terms of the CCJ?

 

Many thanks for any comments/feedback.

 

Regards GD.

[unclebulgaria67]

The CCJ is to pay X party and I don't think they can pass to a third party without informing the court first. Inform the claimants solicitors that you will continue to pay them and not any third party, unless this is officially confirmed in writing by them, that any necessary notifications to the court have been done.

[GhostDebt]

Thank you for your reply unclebulgaria67.

[Bazooka Boo]

The claimant who won the award is the ONLY one who can receive the payments ordered on the judgment.

 

If someone else is trying to claim they have a right to your money, then the claimant will have to go back to court to vary the order.

If Not, then you can ONLY pay the name on the judgement.

[Guest]

ditto, needs to be a valid assignment, with court authority.

[GhostDebt]

Thank you for the replies.

We have been making the payments to the claimants solicitors who have then allocated the payments to the claimant.

I will write to the claimants solicitors (copy to the claimant and third party) and inform them that we will continue to make the payments as before

and not to a third party unless the court orders otherwise.

Thank you for the comments.

[dx100uk]

tell us about the debt please

 

and the cercumstances of the CCJ

 

did you KNOW about it happening?

 

dx

[GhostDebt]

Good afternoon DX,

The CCJ is genuine in that we were aware of it but were unprepared/not fully informed and basically got steam rollered in court.

(This was before we joined CAG)

The claim related to a Bank Loan and Overdraft facility. I managed to get the bank charges off the total value pending the test case.

But as we admitted it in part, rather than defend from the outset and weren't at the time sure of what we were doing we got beaten.

Unfortunate but we grow wiser....

[Bazooka Boo]

Hmm, bank loan & overdraft..............bet they have been rolled into one and they obtained the CCJ using both amounts together?

[GhostDebt]

Hello Bazooka Boo.

Yes the claim was for both accounts added together.

[Bazooka Boo]

Did you not defend this at the time?

 

As the two accounts are entirely separate and come under completely different parts of the CCA (overdrafts having part V exemptions) then this shouldn't have even got to the court room in the first place.

 

How much of that overdraft is charges? These can be reclaimed.

How much of that Loan is charges? Again these should have been reclaimed.

 

Did you CCA them for the loan? And was it compliant?

 

I would possibly look at having this set aside if possible as the merging of two entirely different agreements should never have been done, simply for the fact that if you asked for a copy of the agreement now, they wouldn't be able to produce one because there never was one for this combined amount outstanding.

 

There will be on agreement for the Loan, and then there will be a letter with the T&C's outlining %rates etc for your overdraft.

[Ganymede]

Did you not defend this at the time?

 

As the two accounts are entirely separate and come under completely different parts of the CCA (overdrafts having part V exemptions) then this shouldn't have even got to the court room in the first place.

 

How much of that overdraft is charges? These can be reclaimed.

How much of that Loan is charges? Again these should have been reclaimed.

 

Did you CCA them for the loan? And was it compliant?

 

I would possibly look at having this set aside if possible as the merging of two entirely different agreements should never have been done, simply for the fact that if you asked for a copy of the agreement now, they wouldn't be able to produce one because there never was one for this combined amount outstanding.

 

There will be on agreement for the Loan, and then there will be a letter with the T&C's outlining %rates etc for your overdraft.

 

 

 

Why can both not be issued together? Hopefully the OP will post up the Particulars of Claim.

 

As for a set aside, I doubt very much it will be granted as the CCJ is now several years old and the OP admitted to part of the claim.

[Bazooka Boo]

The loan has it's own T&C's and it's own interest rate, along with different amounts for charges late payments etc.

 

An overdraft has a completely separate set of T&C's with it's own interest rate, and fee schedule.

 

The loan comes under the CCA, whereas the overdraft has part V exemptions, so a CCA request will result in them laughing at telling you there is no such thing for an OD.

 

So once they have rolled the two separate amounts together, then a new agreement has to be drawn up and signed by both parties, otherwise what T&C's are they going to use? And what interest rate are they going to apply to the whole amount?

 

If this happens to others then the best course of action is to demand a CCA, using what ever fabricated account number they have dreampt up, and they won't have one because their isn't one.

Then they will either have to admit their sleight of hand and split the accounts into their proper legally enforceable agreements or continue with their charade and hope they can bluff you and the judge.

[AndyOrch]

Makes no odds BB accounts can be amalgamated ...it gets messy but its allowed.

 

Regards

 

Andy

[Bazooka Boo]

I don't allow it..... :grin:

[AndyOrch]

Unfortunately the courts do:-(

[Bazooka Boo]

I'll be in the bear garden, I need some clarification on this issue....