store card to credit card, got CCJ, now a CO, now want more money?

[Ganymede]

Where is the threat? The key word is "may."

 

A lot of the time offering a discounted settlement is a commercial decision as they know that there are very few options left other than say an attachment of earnings or order for sale etc.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?403107-Charging-Order

 

 

refers

 

 

did you ever get to the bottom of the store card/credit card issue

 

 

if these people are offering a discount on the org debt

 

 

did you ever investigate PENALTY charges &/or PPI reclaiming?

 

 

an SAR to the original creditor might be in order here.

 

 

dx

[mjt2013]

I agree with Ganymede, what's the issue here?

 

 

Clearly a sum of money is owed but not being paid

so the creditor really has three options;

do nothing,

try to encourage a payment or

force the issue with further enforcement action.

 

 

They *may* choose option three but they may not,

I imagine that will largely depend on what you do in response.

[mjt2013]

To clarify: I mean not being paid quickly enough.

[SuperVillain]

They're offering reduced F&F because a payment plan is likely costing them more that its bringing in.

Also factor in how much the debt is and how long the payment plan will therefore go on for

- e.g. for a £5k debt at £30/month will be an almost 14 year payment plan.

 

In my view that's not really ideal for Claimant (for the above reasons) or Defendant (because this is potentially lingering over you for a long time).

 

The charging order is multi-functional.

It provides a bit of security on the debt and can be used as a bargaining tool with incentives for both parties

e.g. if you pay a 30% discounted lump sum we'll remove the charge

- this has worked for me in the past.

[MaximusMeridius]

Hi Thanks for you answers and i understand why they are offering a discount.

 

But my main point of the letter is:-

 

"Please be aware that in the absence of proposals to repay the debt, either by a one of payment at a discounted rate or by regular payments in relation to the full debt, our client may take further legal action."

 

They have alredy obtained a CCJ against her for this debt which she is paying and no payments have been missed and they also have a Charging Order on the house.

 

I suppose my main question is, what " further legal action " can they do? I realise they have options if she misses a payment, but she hasn`t.

[MaximusMeridius]

dx100uk

 

As you know from previous posts, there is a reason why I just rolled over and admitted this debt. But they are like a dog with a bone now probably because i did admit debt without asking questions.

 

Please could you tell me, if I sar them ( I know there will be charges because the debt is £1000 more then the CC limit was), can I try to put the CCJ set aside even though I have already admited the debt.

 

I feel it`s time I started biting back but it may be to late!

[MaximusMeridius]

mjt2013

 

The debt is being paid, there is already a CCJ in place?

[SuperVillain]

"I suppose my main question is, what " further legal action " can they do? I realise they have options if she misses a payment, but she hasn`t."

 

An Order for Sale (although unless the home is a second home I think the likelihood of this happening is slim).

 

Alternatively if they have other info on your wife, namely her bank details, there's nothing to stop them trying a Third Party Debt Order.

[MaximusMeridius]

I,m sorry but i must be missing a point here!

 

"Please be aware that in the absence of proposals to repay the debt, either by a one of payment at a discounted rate or by regular payments in relation to the full debt, our client may take further legal action."

 

She is paying regular payments in relation to the full debt by way of a CCJ.

 

I understand they are not happy with what the judge said she had to pay monthly, I understand why they are offering a discount but why are they suggesting that she is not paying regular payments?

[Ganymede]

Standard template letter.

[MaximusMeridius]

Sorry Ganymede, thats gone straight over my head!

[Ganymede]

The letter that was sent is just a standard letter on their computer system that hasn't been amended to suit the particular circumstances.

[MaximusMeridius]

So there is no "FURTHER LEGAL ACTION" that they can take if I keep up with the CCJ order?

 

Which was my main question, admitedly I asked it badly but i,m not very good at putting into words what i,m trying to say/ask.

[Ganymede]

Correct.

[MaximusMeridius]

Thank You Ganymede

 

I thought that it might of been a standard letter and I was ignoring it but I they sent another letter a week latter asking why I have not responded to the first letter.

I then started thinking that they were up to something underhand and wondered if ignoring them was the best policy?

[Ganymede]

Write back and tell them you have a Court set repayment plan which you will stick to and expect that to be the end of the matter.

[dx100uk]

dx100uk

 

As you know from previous posts, there is a reason why I just rolled over and admitted this debt. But they are like a dog with a bone now probably because i did admit debt without asking questions.

 

Please could you tell me, if I sar them ( I know there will be charges because the debt is £1000 more then the CC limit was), can I try to put the CCJ set aside even though I have already admited the debt.

 

I feel it`s time I started biting back but it may be to late!

 

 

bit late for a set aside and for what reason?

 

 

ge that SAR off

 

 

there could be a good chunk to offer an F&F on here.

 

 

if they are 'stupid enogh' to offer a short settlement on a ccj then great.

 

 

though you need to bear-in-mind

that even a satisfied CCJ will still kill your CRA file

till its 6th birthday drop off

 

 

dx

[MaximusMeridius]

dx100uk

 

I was wondering if could claim i did not realise that the total amount I admited to was incorrect. would it be possible to get it back into court and admit a lesser amount ( after i have worked out how much of the total they claimed she owed was charges).

 

I would still have a CCJ but for a lesser amount, they (the solicitors) have also added £300 to the total for the Charging order. Can they do that? or is that a seperate issue, as in the £300 is,nt part of the CCJ that i,m paying.

 

Hope that makes sense, as I said before, i,m not very good at putting in words what i,m thinking.

[dx100uk]

they cant change/add to what the total was on the ccj / co.

 

 

its too late to use any charges as a wrong ccj figure claim set aside I fear.

 

 

gany?

 

 

dx

[mjt2013]

they cant change/add to what the total was on the ccj / co.

 

 

its too late to use any charges as a wrong ccj figure claim set aside I fear.

 

 

gany?

 

 

dx

 

They will be able to add any applicable interest to the charge and the costs of getting the CO are often added to the judgment debt.

[MaximusMeridius]

mjt2013

Can you Elaborate on the interest part, am i now going to have to pay interest on £253 for the CO or the whole amount i:e the £3,215, which is the new total with CO costs added.

[renegadeimp]

You pay whatever the court ordered you to pay as apart of the CCJ. Nothing more.

[mjt2013]

You pay whatever the court ordered you to pay as apart of the CCJ. Nothing more.

 

It's not as simple as that, IF the judgment attracts interest (and it may do by contract) then Ezekiel v Orakpo makes clear that the charge also secures that interest. You should not however have to pay interest on the costs.

[MaximusMeridius]

Hi Sorry to keep going on but i have a niggling feeling they are up to something underhand. Below is the first letter I received from them concerning the CO:-

 

 

We refer to the above action in which we obtained a Final Charging Order on xx October 2013

 

The Final Charging Order has been registered at H.M Land registry and the debt is therefore secured over your property

The above sum is still outstanding and we require your proposals for repayment of this debt. Our client may be willing to offer you a discount on your debt if you are able to pay a lump sum settlement. It may also be possible to sread the settlement over three months. Alternatively, instalment payments based on your circumstances should be made to clear the balance in full.

 

We ask you contact us on the number below to discuss these options or complete the attached income and expenditure form and return it to us with your offer of payment.

 

we look forward to receiving your reply during the course of the next 14 days.

 

The sum they have quoted is the original CCJ amount less payments made and includes the £253 for the CO costs.