unknown Welcome Finance CCJ? - now IND own it? help

[AndyOrch]

CPR 38 is only applicable to a live court claim ....not once judgment has been passed.

 

Andy

[Andy111]

Thanks Andyorch for clarifying that. 

 

However, is there anything similar or specific that covers CCJ's?. 

 

As whilst they may or may not act to enforce the CCJ, it would interest me to read up on and research to self inform and arm myself in the event that they try to escalate matters further. 

 

Like it would be a complete lie if they went back to court to try and enforce the CCJ or take further action citing I breached the conditions by stopping payments when they are the ones who cancelled payments.

[dx100uk]

On 16/09/2019 at 19:29, Andyorch said:

There is no issue hence my suggested letter...once they receive that they will not be able to respond...read what I have typed......again.

There is no payment plan to cancel or to adhere to.....you are paying an amount set by a variation order and endorsed by a court order...they cannot change it or cancel it.

 

On 16/09/2019 at 22:20, Andyorch said:

Read their letter again ...slowly ...and all becomes clear....its rather an oxymoron when you break it down..

 

An issue with your payment plan.....there is no issue and there is no payment plan

A payment plan they have cancelled...there is no payment plan to cancel

Its not their intention to  pressurise you and make you pay more but you must contact them within 10 days to reach a solution....well that is direct pressure...they state they have cancelled your plan and imposed a time frame on you to add pressure....and to get you to ring them to communicate...so they can add more pressure.

 

Don't fall for it...draft the letter as advised...attach a copy of the court order re payment.

 

The N245 is a wonderful thing......its even better when the debt is assigned and they are not aware one was made.  

 

 

the debt is subject to a variation order endorsed by the court.

the fact that you (however it happened) decided to use payment slips via a Post office? and the IND account details you had has now been closed by the group is an internal matter for intrum to sort out with you.

 

as you last paid this within 6yrs they could quite legally take enforcement action for the remaining balance through the court, of which, the court will write to inform you. there is no wriggling here if they do..

 

dx

[Andy111]

Thanks for the reply,

I'm not actually trying to wriggle out of this as such, I was always accepting in paying what was set by the court for as long as it took to pay it.

Though with the above in mind, that at the point they sent the letter regards to cancelling the payment plan\ agreement being nothing to do with what was a variation order endorsed by the court as said above.  The intent and impression given by Intrum when they took it over and the letter all seems to give the impression that by using wording like "there is problem with the payment plan" " we have cancelled the agreement" they therefore cancelled exactly what was set by the court in what was a variation order. 

They also at the time suggested I therefore needed to negotiate a new payment plan than offered an alternative payment method for the variation order set\endorsed by the court.  It was about that time payments into the payment account that was never previously an issue stopped getting accepted.  If that was never their intent to give such a false impression then it begs the question to exactly what it was that they did mean and intend by that letter.  

Even then, that they closed the account used to make the payments at about the same time, they surely can't exactly claim I breached the CCJ and stopped payments myself as they stopped accepting the payments and never at any point offered an alternative payment method for the payments, simply the said letter.

The payment options offered & or suggested by the court at the time was direct debit, standing order or payment via a card at a post office counter, the latter which was agreed by IND and they even sent the card out to facilitate this. 

As the bank account at the time I used never had my name on it my partner declined the other 2 options to give them access to the back details in any form as the matter was nothing to do with her.

[dx100uk]

well if they do move things fwd, you have something to debate over with the judge.

 

till then i'm not really sure if yours is the next move.

 

dx