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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
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hugo1963

MCA chasing YB CCJ 10yrs old now threatening Charging Order

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Hi

I've received a letter threatening me with a charging order if satisfactory payment proposal is not made within 7 days.

 

This relates to a ccj that was made against me over 10 years ago

I was ordered to pay £1 per month but when I changed banks I forgot to reset a direct debit.

 

I have rang them requesting more info about this

they said I've missed the last 6 payments and said the debt is for 3k and will post the details to me holding my account for 2 weeks.

 

It is quite threatening saying if not paid or an acceptable and sustainable offer not made a charging order will be made

it also offers the client may accept a reduced offer.

 

I do not have the means to pay in full,

or what would be a reduced offer

what would that be I could pay more monthly but not much,

the debt is from 1997 the court order made in 2003

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why are you ringing a no powers DCA?

they are NOT BAILIFFS!!

 

tell us the full story please

 

and read the letter PROPERLY

it doesn't say WILL anywhere

its a threat-o-gram..


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Yeah it's the threat of court action and a charge putting on house.with not much equity could they force to sell it,

 

i paid the ccj for over 10 years but just forgot when I changed banks

 

do I send off the income and expenditure form off when it comes

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Heck no, you only do that for a court.

 

So, couple of questions

 

Is the ccj in your name?

Is the house in your name or joint names?


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so the letters don't say WILL anywhere then?

 

who got the CCJ

and who is sending these silly threats?

 

name names please


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This relates to a ccj that was made against me over 10 years ago To Who??

I was ordered to pay £1 per month but when I changed banks I forgot to reset a direct debit.

 

It is quite threatening saying if not paid or an acceptable and sustainable offer not made a charging order will be made

it also offers the client may accept a reduced offer.

You cannot make a reduced payment on a CCJ, the judge will have told you what must be paid, these clowns are chancing their arm!

 

the court order made in 2003

 

So it's only being chased up now??

When did you start paying and when did you last pay this CCJ?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Heck no, you only do that for a court.

 

So, couple of questions

 

Is the ccj in your name?

Is the house in your name or joint names?

 

the ccj in my name the house and mortgage in both our names

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so, even if the letters did say will...

they could only get a restriction which is nothing to worry about.

 

you could sell the house and if your sols was cute, forget about informing them...

 

anyhow..

 

as I said earlier

I bet these letters don't actually say WILL anything

you're just not reading them carefully.

sorry but it sounds like you are/have been cash cowed from day one.

 

I bet if you look even more carefully

the name of the fleecers chasing you now

is NOT the name of the claimant of the CCJ..........


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When was the ccj. When did they actually start chasing it? It's important as if there's a gap of 6 years where they have entered done anything then it will be extremely difficult for them to enforce it at all


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A County Court Judge would look at any application to enforce the CCJ with a very jaundiced eye, as in tell them to go away, they left it far too long,


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When was the ccj. When did they actually start chasing it? It's important as if there's a gap of 6 years where they have entered done anything then it will be extremely difficult for them to enforce it at all

 

I changed banks 6 month ago and forgot to reset direct debit.

I had made monthly £1 payments since Feb 2003

 

so, even if the letters did say will...

they could only get a restriction which is nothing to worry about.

 

you could sell the house and if your sols was cute, forget about informing them...

 

anyhow..

 

as I said earlier

I bet these letters don't actually say WILL anything

you're just not reading them carefully.

sorry but it sounds like you are/have been cash cowed from day one.

 

I bet if you look even more carefully

the name of the fleecers chasing you now

is NOT the name of the claimant of the CCJ..........

 

Hi dx100uk thanks for the reply

 

I've found original ccj

the name for payment is different I don't remember changing this

 

 

.it was Feb 2003

I have made all payments up until late March this year when I changed banks and forgot to reset direct debit.

 

It does say "if an acceptable payment offer is not made, an application for a charging order WILL be made in order to secure the above judgement debt against your property and if awarded, may affect your ability to remortgage or sell your property.

Mortimer clarke solicitors are the firm sending this.

I have asked them to send more details of this

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Any charging order would be a form K restriction which in real money means very little other than they have to be informed if you sell, not that you have to pay it from the proceeds via a solicitor disbursement.

Nowt to worry about at all in reality


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ok thank you

who got the CCJ against you do you know?


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Do you own your own property then?

 

Who is the name on the original CCJ?

 

You should ONLY pay the person/company named on the CCJ, if they have varied the judgement and not gone through the correct procedure, ie court, then they are in contempt.

 

Definitely needs more digging.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I've requested more info from them

Yes the name in 2003 is different from who I pay now I don't know when or how this came about

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Do you own your own property then?

 

Who is the name on the original CCJ?

 

You should ONLY pay the person/company named on the CCJ, if they have varied the judgement and not gone through the correct procedure, ie court, then they are in contempt.

 

Definitely needs more digging.

 

Not quite BB :-)

 

Thread moved to Financial Legal Issues and title amended

 

Andy


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So who got the CCJ?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Not quite BB :-)

 

Thread moved to Financial Legal Issues

 

Andy

 

In the words of James May ''Oh manhood!''


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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and who were the solicitors too!


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hugo

have a read of the charge orders threads/sticky.

recent legislation says that if an inst order is in place and up to date at the time of a CO , then there can be no sale order.

then there is the type of CO, as marty boy :) mentioned.

if the ccj etc is legit, then cld make up the missed inst order payments, and then continue with the instalments. (if they want to vary the amount of the inst order then they wld have to make an application re)


IMO

:-):rant:

 

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yorkshire bank and original sols and payee was jeremy sutcliffe

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A big thanks to all the replys on here feeling better, the debt chasers terrorise people

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Because you have a jointly owned home and the debt is in your sole name, the most they can hope for is to be notified as and when you and yours decide to sell, if you ever do.

Other than that theres nowt they do to force you to sell.


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Spml Reluctantly withdrawn

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OK YB & JS tally for A CCJ from that era

 

Who are Mortimer's stating are their client please? I suspect it's Cabot?

 

The account has obviously been sold on?

Did you ever get a notice of assignment in recent times?


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Hello again just an update on this thread

 

 

Just recieved letter from mortimers

it just has a imcome and expenditure form

 

 

I requested they send more detailed information about this debt and ccj but they have not

 

 

dx100uk i will check when im home who their client is and

 

 

i dont recall having any assignment letter but i must have had to set up the direct debit i think

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