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Motormile/Moriarty claimform - old Cash Genie PDL


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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.

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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.

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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).

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aw judge lottery sadly!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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

We could do with some help from you.

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  • 4 weeks later...

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.

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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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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

We could do with some help from you.

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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.

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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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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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.

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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)?

IMO

:-):rant:

 

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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.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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  • 1 year later...

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. 

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why didn't she defend it?

tell us all about it and the debt please

and who took her to court over what?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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what ye ole cash genie one?

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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