Old CCJ/CO for LV Loan - dca wants me to increase ordered payment

[nucky]

Hello

Just wondering if anyone could give me some advice.

 

About 5 years ago a debt I had was assigned to a DCA and a payment plan was agreed, the value of the debt was then £4750.

THe DCA then decided to take me to court because I could not increase my payments

they managed to get a CCJ against me for paying £20 per month.

 

At the time the judge actually asked the DCA if they wanted to put a charging order on the debt and if so they could apply to do so.

 

Despite my protests another hearing was established and the judge granted the charging order.

 

The DCA also asked for interest on the debt to be applied but the judge said a debt under £5000 could not have interest applied.

Since then I have paid without fail every month £20.00 as ordered.

 

However due to financial difficulties and other debts I eventually went on to an IVA which I have now been paying for 3 years.

 

My IVA practitioner said that the CCJ was separate and I should continue to pay that as it was now a secured debt and did not form part of the IVA.

 

I recently had a letter from the DCA saying that my £20 per month is up for review

I have to submit to them proof of my earnings and outgoings so they can assess my monthly payment.

 

I explained to them that this was a CCJ and £20 was agreed by the court but they are saying that under new FCA rules they can assess my financial circumstances and if I can afford to pay more then they are entitled to more.

The CCJ never said this.

 

The thing is under the terms of my IVA if there was any more I could pay then surely the IVA gets any extra and not the DCA.

 

Any advice on this please, is there a new rule under the FCA?

Can the DCA enforce me to provide my income/expenditure?

 

Thank you

Edited July 17, 2018 by dx100uk
Spacing

[dx100uk]

load of ole twaddle!! from a DCA but what else do you expect they are not bailiffs and totally powerless

 

who's the debt/sols and what s the original debt all about?

 

why didn't you defend the claim>

 

dx

[sgtbush]

If they want to change a court order, they must go back to court.

[AndyOrch]

Just continue to pay what the Judgment Order stated...£20pm...if they wish to alter it they have to go back to the court at their cost.

 

Do not send any personal financial details of Income and Expenditure.

 

 

Andy

[nucky]

Hi

Thank you for your prompt reply.

I thought it was a load of twaddle.

 

The original debt was an uninsured loan from LV.

I did defend the claim,

in fact I remember it well,

 

I was in Court for an hour and spent many hours putting my claim together,

I disputed the fact that the company were unable to provide IMO an original loan agreement

but the Judge said that the reconstituted agreement was satisfactory and since I had been paying the debt anyway I did owe it.

 

I have to say that "kangaroo court" came to mind.

Especially when the judge said at £20 per month it would take a very long time to settle he would have no objection to the company submitting a further court claim for a charging order as it was clear the debt had to be paid.

 

He said that the company could not enforce the charging order without coming back to Court if I failed to pay

but said that if I ever sold my house it would guarantee payment of the debt "one day" .

 

I argued that if I paid the debt then the company should not be able to apply for a charging order to be applied anyway

but he said legally they could as it was a way of ensuring that they would eventually get their money.

 

Guess I will have to see what they do,

if they have to take me back to Court then so be it

but I can ill afford any further Court costs as any spare cash I have is tied up in an IVA.

[AndyOrch]

" Guess I will have to see what they do, if they have to take me back to Court then so be it but I can ill afford any further Court costs as any spare cash I have is tied up in an IVA."

 

Wont cost you anything....and doubt they would anyway

[dx100uk]

sound like judge lottery to me

 

urm an old Liverpool Victoria loan, 99% of those were totally unenforceable

that's why they sold hem to fleecing DCA's

who was the dca?

 

dx