settling a old CCJ from CL finance for old HSBC card debt

[fatskintslug]

Hi all

 

Just wanted to check, before I pay this off in full.

 

Is there any point at all in offering a full and final settlement figure on a ccj (coming up to 6 years old in Nov).

 

I have an opportunity to pay this off now in full, but if I could do it with less than the full amount, it will allow me the cash to pay off my other 3 non ccj debts with f&f offers..

 

Was just about to call the company (Robinson Way) and pay it off in full, but thought before I did I would check this here first.

 

I do want to get a mortgage in the near future and am working to better my credit rating. I want to get all debts completely off my back, but am starting with this ccj first.

 

Any advice on the ccj debt appreciated.

 

Thanks

[fatskintslug]

Also, if I do have to pay the ccj in full, is there a specific way I should do it, or is payment over the phone ok?

[fatskintslug]

Hi all. I'm just about to pay my ccj off in full. Is this the best and only way to do it? Is there no point even trying to get a full and final on a ccj?

 

Also, do I just call the DC and pay over the phone? Or do I need to do this in writing with a cheque?

 

Thanks

[dx100uk]

no harm in writing to the claimant and asking

 

 

there no rush to pay it off

wont do anything to better your credit

 

 

might be an idea for you to outline the history of it please?

 

 

dx

 

 

 

 

dx

[fatskintslug]

Thanks for the advice.

 

It's the one mentioned here;

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?429271-13-year-old-debts-full-and-final-settlement-offer/page2

 

step change told me I can't do a f&f offer on the ccj because it needs paying in full,

otherwise they can and will pursue me for it in the future even if they agree to an amount now.

 

they also told me not to bother CCA'ing the other 3 debts either, as unenforceable credit is a load of rubbish

and I can't get any debts written off.

 

 

now I don't know,

 

 

do I just pay this CCJ off in full over the phone,

or do I need to use letters?

[dx100uk]

use this thread for the ccj one

 

 

post the other comment on your other thread.

 

 

you can F&F a CCJ.

 

 

who was the claimant

 

 

and who have you been paying or is now after the money.

 

 

all you do is get a letter from them confirming the debt is paid

and send it to the court

 

 

however, lets have some info first please

 

 

dx

[fatskintslug]

The original debt was a credit card debt and it was with HSBC.

 

 

The amount now is just over £1000, it was £1600.

 

I'm now paying the DC Robinson Way through a step change dmp.

 

can I insist on this letter from them which I'll send to the court?

 

 

So long as the court has received that letter,

can they never pursue me for any more than they accepted?

 

Like I say,

the ccj expires in November so will come off my credit rating.

 

 

I don't want anything new to appear on there, but from my understanding,

if I'm correct, this won't make any new changes to my credit rating will it?

 

I just want to be sure if i do a full and final on this one,

nothing will come back to haunt me in the future

- I want to be debt free

[fatskintslug]

Hi again

 

Is there a specific template I need to use for this as opposed to the usual f&f settlement letter?

 

Thanks

[dx100uk]

anything on your credit file

like defaults or ccj's

vanishes after 6yrs never to return.

 

 

do you know who took you to court please?

 

 

I doubt it was hsbc?

 

 

dx

[fatskintslug]

I'm assuming it was Robinson Way, unless there was another debt collector who owned the debt before them? Not sure how to find out, it was almost 6 years ago and don't think I still have the letter.

 

Do I need to find this out somehow?

[dx100uk]

assuming is very wrong to do with a ccj

 

 

robbersway don't do court

they are a dca

 

 

I suspect this has been sold on

 

 

if you never contested it at all

 

 

the goto www.trustonline.org.uk

 

 

and find out the ccj number

 

 

when you know that pohne northants court and ask for a copy of the ccj.

 

 

dx

[fatskintslug]

just been on the phone to northants court, and got the following info;

 

The company which took me to court was CL Finance LTD.

 

 

They were the debt collection agency at the time,

but these days the DCA is Robinson way, as I mentioned before.

I guess they sold the debt on again.

 

 

The solicitor which dealt with taking me to court for CL Finance was Howard Cohen and Co.

 

 

The guy on the phone said i'd probably have to contact the solicitor.

Is this correct, and what should I say really?

 

 

Do I just go straight in with an offer and stipulate some specific conditions on the settlement

so ensure they can never reopen the case and it's marked as settled in full?

 

This seems strange to me, as my debt is with Robinson way now, so surely I ask them? Confused!

[dx100uk]

have you a letter from robbers way anywhere

like when they took over collecting payment?

 

 

we need to know who robbersway's client is.

 

 

if its not CL finance

 

 

they are NOT the claimant and have no right to be getting ANY money from you.

 

 

I suspect

that as HSBC sold the debt on

 

 

and latterly cohen/CL got a CCJ [that I take you never even knew about nor contested]

 

 

they got a CCJ by default

 

 

have now fleeced you for what they wanted

and have sold the debt on

here you have some..this mug is coughing nicely.

 

 

the orginal CC debt would have no doubt had

lots of penalty charges and PPI I bet.

that's why HSBC sold it on.

 

 

so there is lots of reclaiming to do here.

 

 

I'd be sending HSBC an SAR.

 

 

dx

[fatskintslug]

Hi again

 

I reclaimed all my charges on all my accounts many years ago, so theres nothing to reclaim there anymore

 

I don't have the original letter from rob way when they took over the debt, and

 

 

i do remember getting the letter from court about the ccj, but i dont have that letter either now.

 

 

I know i never contested anything, as i just assumed i owe the debt so that was it (I spent the money so I couldnt really argue)

 

I'm afraid I'm a little confused by this who owns the debt lark.

 

 

. Doesn't the dca (Rob way) who I'm now paying own the debt?

 

 

That's why I'm paying them?

 

 

Why would they have a client?

 

 

They just own the debt don't they?

 

HSBC hasn't owned this debt for years and years, so they won't be interested now?

 

 

I think I'm missing something obvious.

 

 

I just assumed I'd pay the person who I'm currently paying ie robinson way a full and final settlement

and the ccj would be marked by them as satisfied?

 

I must be really stupid because it's all going over my head lol.

 

 

I'm sure it makes sense somehow though!

 

 

Can you explain in really stupid persons terms what I need to do please? Sorry.

[dx100uk]

ok back up to speed now

was a on a small screem.

 

 

CL/cohen/RW are all under the 'hoist' group of debt collectors. [so same company].

 

 

you say this CCJ drops off in November so it wont harm your credit after then.

 

 

whats the rush with paying it off now?

 

 

dx

[fatskintslug]

Ah I see, thanks for explaining about the debt collectors

 

So do I send a full and final offer to HSBC, Rob way or CL Finance? Or someone else? :/

 

The reason I want to try to settle this now is because I've managed to get access to a bit of cash, and I'd just rather get it off my back than be paying it off for 30 more years with the risk of forgetting and ending up with a renewed ccj on my file or something like that!

 

It would be kind of nice to be debt free whilst I have the opportunity

[dx100uk]

ok lets see if we can get this to sink it...

 

 

you have a CCJ

it will vanish from your file in nov. paid off or not.

 

 

they cannot 'get another one'

 

 

ok yes the outstanding bal on the CCJ will still exist

but it cant harm your credit rating / worthiness.

as you are / have been paying it

 

 

I suspect, as with all DCA default judgement CCJ's

the bal was not correct and vastly inflated.

 

 

there no 'rush' to engage this F&F.

 

 

was the charges on the card reclaim after the CCJ or before it?

[fatskintslug]

Ok, thanks for explaining that.

 

 

I thought I read somewhere that the company which ordered the ccj could request an extension if the amount was still owed

and the 6 years was up, but maybe that person knew as little as I do lol

 

I understand what you're saying about there being no rush to pay it off,

but it would be a huge weight off my shoulders to never have to worry about it again.

If I can settle for less than I should, even better!

 

I believe the charges on the card were reclaimed before the CCJ if I remember correctly. I'm pretty certain.

 

 

It was when it was first in the news that people could reclaim charges, in the early 00's!

 

 

I wrote to them all myself and got everything refunded on all my cards.

 

 

The CCJ came as a bit of a shock as it was followed by 2 baliffs turning up 2 days before xmas

one day after one of my payments failed to reach them properly somehow,

the cccs didn't forward it with the right ref or something.

 

 

They scared me so much I just set up the larger payment to that particular debt on the dmp,

and never dared disturb anything on it since!

[dx100uk]

just be clear

 

 

a CCJ does not 'expire'

 

 

however, IF you are NOT paying it

then its VERY rare for a judge to allow enforcement after 6yrs.

 

however in your case you are/have paid to date

so it still runs

 

 

 

now, more of your story is coming out here...

are you SURE those 2 guys WERE bailiffs?

 

 

I somehow don't think so.

 

 

you should ONLY be paying what was ordered on the judgement in black & white

NOT be pressure into paying more

 

 

a 'rea' bailiff' knows this

 

 

fake DCA doorsteppers with no powers will make you pay more

 

 

that's against the judges orders.

 

 

have you been getting regular statements regarding your payments?

 

 

dx

[fatskintslug]

Hi again

 

Well they turned up and said that I'd missed a payment on my ccj.

 

 

It was all a mistake as stepchange (then cccs) had simply not forwarded my payment.

I think it was probably something to do with the debt being sold or something and the payment not going to the right place.

 

They did seem very legit and were writing things down like the tv,car etc.

But they said they wouldn't make an official record until next time they came,

which would be if I didn't get back to them with confirmation I had in fact sent the payment.

 

 

I spent all day making phone calls panicking and ringing these 2 guys, they must have loved it grrrrr.

 

 

I found the proof, and (I think) that's when I increased the payments. I could be wrong.

 

 

this one gets £18.80 a month and the other 3 non ccj debts get a fiver each.

 

My memory is so vague, this could even have been sorted out via stepchange when they did my budget,

with an aim of them helping me to get rid of the ccj faster than the other debts.

Sorry about my useless memory. It feels like I've been in debt since forever!

 

I do have statements through stepchange for the past 6 months online, but to go further back than that,

i probably have to ask them for paper copies I would expect?

[dx100uk]

the CCJ judgement would tell you what you should be paying each month

not CCCs nor a stupid DCA.

 

 

something is beginning to smell here ..and badly.

 

 

when you phoned the court

did you request a CCJ copy?

 

 

dx

[fatskintslug]

I said could I have a copy of the ccj or details of who took me to court, and he gave me the info I mentioned in my previous post. I think he assumed I didn't need a copy as he'd told me what I needed to know.

 

I presume I need to pay for a copy if I want one? But then at the end of it all I do want to just do a full and final and get this gone, so do I need to find out all this about how much I should be paying a month?

[dx100uk]

yes I was thinking that

so back to post 4

 

 

offer them

 

 

dx

[fatskintslug]

Ok Any particular special wording or the usual letter?

[dx100uk]

should be one in the dca section of the green library tab top left.