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Mise Eire

now have CCJ from Merligen Investments for a Swift Sterling loan

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I had a CCJ issued against me by Merligen Investments Limited for a Swift Sterling loan.

 

They wanted £390 including legal fees. I submitted my part admission defence and included that I objected to the amount and that I only owed £90.

The defence was done online on MCOL and the timeline of events is as follows,

 

A claim was issued against you on 20/04/2016

 

Your acknowledgment of service was submitted on 24/04/2016 at 12:15:21

 

Your acknowledgment of service was received on 25/04/2016 at 01:03:12

 

Your part admission was submitted on 14/05/2016 at 03:14:50

 

Your part admission was received on 16/05/2016 at 01:02:53

 

A judgment was issued against you on 24/05/2016 at 19:20:05

 

I was under the impression that since I offered my part defence on time that this would now go to a court hearing?

 

Does this judgement issued mean that I will owe the full amount as it does not give any details of the judgement on MCOL?

 

Would be grateful if anyone could answer these questions.

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by partial admittance you automatically get a CCJ.

 

 

you should have come here first.

 

 

dx


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Thanks for your reply. I was aware that a part admission would result in a CCJ.

I'm just not clear on the amount that they got a judgement for.

 

 

Does "Judgement Issued" mean they got a judgement for the full amount?

 

I intend to repay whatever figure within a month to avoid the CCJ staying on my credit file.

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The judgement letter arrived in the post today stating that the claimant accepted my offer. This has cleared up my question.

 

 

Thanks

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Thanks for your reply. I was aware that a part admission would result in a CCJ.

I'm just not clear on the amount that they got a judgement for.

 

 

Does "Judgement Issued" mean they got a judgement for the full amount?

 

I intend to repay whatever figure within a month to avoid the CCJ staying on my credit file.

 

Part Admission doesn't automatically result in a CCJ. A CCJ isn't registered anywhere unless you fail to pay a judgement order within 30 days of the order date. Even then, it is the Claimant who has to apply to register the CCJ against you.

 

If you have an order against you, you should receive a 'General Form of Judgement or Order' letter from the court. This letter is what matters and should tell you what exactly has been ordered, how much you have to pay, and the date it was ordered. Don't trust the court to send this promptly, better to phone them early if you haven't received it or query what the order, if any yet, is for.

 

Also DO NOT trust the claimant if they say they have accepted a settlement. You require them to prove they have discontinued the claim if this is the case. Otherwise you could be in for a nasty surprise later on.

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A Partial admission DOES automatically guarantee a County Court Judgement for at minimum the amount admitted.

 

It is only placed on the register if not paid within 30 days.

 

Do not get an actual CCJ mixed up with the act of placing it on the register........


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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A Partial admission DOES automatically guarantee a County Court Judgement for at minimum the amount admitted.

 

It is only placed on the register if not paid within 30 days.

 

Do not get an actual CCJ mixed up with the act of placing it on the register........

 

This is splitting hairs a bit. An CCJ is totally meaningless until 30 days has passed. It is just a placeholder. In effect, said CCJ is never going to be registered therefore it is null and void.

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Actually no, it is not splitting hairs. It is called being accurate.

 

Enforcement can be taken on a CCJ as soon as any payment ordered is not made, and that depends on the timescales set down in judgment. and can be less than 30 days which would also potentially cause more loss to the person misdirected by your standpoint

 

Also it is vital to understand the true picture, although in this case the OP has no intention of appealing, other members may be following this case and your information would mislead them. If they thought it was not a CCJ for another 30 days they would lose the right to appeal which must be done within 21 days of the hearing....


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Actually no, it is not splitting hairs. It is called being accurate.

 

Enforcement can be taken on a CCJ as soon as any payment ordered is not made, and that depends on the timescales set down in judgment. and can be less than 30 days which would also potentially cause more loss to the person misdirected by your standpoint

 

Also it is vital to understand the true picture, although in this case the OP has no intention of appealing, other members may be following this case and your information would mislead them. If they thought it was not a CCJ for another 30 days they would lose the right to appeal which must be done within 21 days of the hearing....

 

Wrong! A CCJ cannot simply be enforced by a claimant after the order, even if it is made forthwith. They must apply for enforcement through the courts and pay the fee. This can only be done AFTER 30 days of the date of the order and non-payment.

 

Your suggestion that enforcement can be taken as soon as a payment isn't made and in less than 30 days is utter nonsense.

 

Yes appeals must be made within 21 days of an order, but that has nothing to do with payment timescales, enforcement, or the registration of a CCJ.

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Wrong! A CCJ cannot simply be enforced by a claimant after the order, even if it is made forthwith. They must apply for enforcement through the courts and pay the fee. This can only be done AFTER 30 days of the date of the order and non-payment.

 

Your suggestion that enforcement can be taken as soon as a payment isn't made and in less than 30 days is utter nonsense.

 

Yes appeals must be made within 21 days of an order, but that has nothing to do with payment timescales, enforcement, or the registration of a CCJ.

 

 

Thanks for your replies

From my limited knowledge, I was under the impression that this was the case alright. I found a few threads where this was discussed previously such as the 2 below.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?292376-Safeloans-sent-CCJ-Letter

http://www.consumeractiongroup.co.uk/forum/showthread.php?461489-CCJ-28-days-start-date

 

 

There is one issue that I'm still a bit unsure about.

When I paid the claimant

they gave me a receipt to show the account was repaid

 

 

Do I need to inform the credit agencies or courts that this has been repaid using

the receipt as proof?

 

I knew nothing about how the CCJ process works until a couple of weeks ago but am trying to educate myself by browsing threads on here.

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ask the court on Tuesday.

you might well have to provide proof if the claimant has not done so already.


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Yes appeals must be made within 21 days of an order, but that has nothing to do with payment timescales, enforcement, or the registration of a CCJ.

 

You clearly said that a partial admittance does not create a CCJ which was inaccurate. IT IS VITAL that people know that they have to appeal a CCJ 21 days from judgement. Your advice would of misdirected them into thinking that a CCJ was not created UNTILL AFTER IT IS REGISTERED!!!!!

 

So again, Not splitting hairs.


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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For others following this thread

 

http://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/ccjs-what-are-they

 

"

CCJ:The facts

 

When you owe money to someone, they can apply to the County Court for a judgment (CCJ) against you to claim the money.

 

The Court will decide whether there really is a debt to pay. If there is, they will issue a CCJ. (Hence why a partial admittance will ALWAYS lead to a CCJ- SS) This will set out how the debt should be repaid."

 

 

Staying off the register

 

Nearly all CCJs go on the register:

 

  • Paying within a month The CCJ will be removed from the register if you pay in full within one month of the day of the judgment.


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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