Motormile/Moriarty claimform - old Cash Genie PDL

[MrJohnW]

No idea. Hearing date is next week.

[hammyhound]

Good luck to Mrs JohnW. I have my hearing in January. Hoping they wont pay the hearing fee and I get costs but the court has ordered that they attend with original documents so that should be fun when they have not had the decency to send them to me. Good luck and hope you are going with her as you seem to have a good understanding of what the hell has gone on.

[MrJohnW]

Not the wife, just a neighbour.

 

They paid the fee on this one and said they won't be attending. The Judge ordered them to attend with the original documents, so I am hoping it gets chucked out on that alone.

[hammyhound]

Oops sorry. I seem to have the same court order. Can I ask if they paid the hearing fee promptly or the last minute, I am not around on the day they should pay the hearing fee so cant check with the court. Good luck

[MrJohnW]

It was paid a few days beforehand.

[MrJohnW]

The Judge

(who to be fair was nice and did not talk down to her or show her any disrespect)

said everything in the defence was a crock and she owed the money.

 

He spent a fair bit of time talking about her finances and situation and made an order for £1 a month for the next 15 years.

 

My only issue is that it was a different Judge who said the previous Judges order that MMF/ML turn up with original documents didn't matter.

 

I will call them when the order is in and offer them £50 on their behalf to clear the debt off

(the Judge went into it with us and at least offered a way out of the CCJ if its dealt with).

[dx100uk]

aw judge lottery sadly!!

[AndyOrch]

If the defence was a crock then he must also regard the Credit Consumer Act 1974 a crock.....and to add the claimant didn't even attend.

 

If you pay the £183 before the date stated on the Order you wont get a CCJ anyway

 

Andy

[MrJohnW]

Yeah, that's not going to happen. £183 would not happen any time of year, never mind Christmas. She went through the system, and on this occasion it was against her.

[MrJohnW]

Hello,

 

She received the Judgement yesterday

 

I called the court to ask when it would be entered in the register of county court judgements to be told it would not get entered into the register as long as she keeps up the repayments as mandated by the Judge.

 

This goes contrary to what the Judge told us in the hearing. Can anyone shed some light?

 

I was going to call the claimant on her behalf and attempt to negotiate a small payment to settle the debt as they don't want to get a cheque for £1 every month for the next 15 years.

 

If this does not go onto the Register against her name then she might as well pay the £1.

[AndyOrch]

Court Staff are not qualified to answer....it will be registered...normally after 28 days of the date of judgment.

[MrJohnW]

knew it was too good to be true.

 

I don't suppose you have any official links you can give me with all this information on it do you?

[AndyOrch]

I dont need any links take my word.....

 

MCOL Northampton CCBC Rules.

 

5.5.6 The CCBC shall Notify Registry Trust of all judgments to be registered.

 

https://www.trustonline.org.uk/understand-judgments-fines/entries-on-the-england-and-wales-register/ccjs-and-the-register

[MrJohnW]

Hi,

 

I didn't mean to imply any doubt as to your word. Thanks for the link though, very helpful.

 

Don't suppose you know if "paid within one calendar month from the date of judgment" counts if a lower amount is paid to satisfy the debt? The judge stated it could be done.

[AndyOrch]

No...there would be no point of suing and attaining a county court judgment if you could pay monthly and still not get CCJ registered on your files.....thats the whole point of the system...to damage your credit reputation.

[onthewarpath]

What Andy is saying is correct. If the full amount of judgement is not paid in 28 days a CCJ is recorded on your credit file.

 

To help clarify it for you, maybe this example will help?

 

If the claim was for £200 but the Judge made judgement that you owe £100 to the claimant and you were ordered to pay £25 a month 4 months. Then if you paid £100 with 28 days no CCJ would be recorded.

[Guest]

Don't suppose you know if "paid within one calendar month from the date of judgment" counts if a lower amount is paid to satisfy the debt? The judge stated it could be done.

are you thinking of a scenario whereby offering the claimant a reduced lump sum in settlement of a ccj amount with them hopefully accepting and then notifying the court it was satisfied (within the 28 days)?

[MrJohnW]

Yes.

[AndyOrch]

Not going to happen...they have judgment......the upper hand...payment in full before 28 or registered.

 

Time to negotiate the above scenario was before the hearing were the claimant would have something to save by not progressing to trial.

[MrJohnW]

Hi, 

Whats the deal with a CCJ over time? 

The lady I have been helping had one granted against her for £1 a month. 

It will take well over 10 years for her to pay off at that rate. 

 

Is there a point in time where if she stops paying it can't be enforced? 

Might be a lump sum of that amount could be offered to the DCA involved in settlement rather than them messing about with a £1 check every month. 

[dx100uk]

why didn't she defend it?

tell us all about it and the debt please

and who took her to court over what?

 

dx

[MrJohnW]

It was defended with help from you guys, it was a loss.  It was a DCA for a Payday loan company that had folded. 

[AndyOrch]

Thread moved to Financial Legal Issues forum....please continue to post here to your thread.

 

Andy

[dx100uk]

what ye ole cash genie one?

 

[MrJohnW]

Yup.