Lowell/Overdales CCJ - court ordered £PCM payment - missed 3mts - now paid - threat of further action from overdales

[SimplyBeyondWords]

Just wondering if someone can offer some advice.

Before I knew about this forum I ended up with a CCJ.

I agreed a payment of X per month with the Court and it was agreed and that payment has been kept up to date, except for a period last year from Sep to Dec #

whereby I was held on suspicion of a crime in Norway (later acquitted I might add) but for 3 months and as such had no way of maintaining the payments each month with no access to be able to make the transfers to them.

When I returned, I paid the 3 months I was behind and have since continued to maintain the payments that was agreed by the Court originally.

I have never received any notification or demand from the Court regarding the period I was unable to pay and haven't to date.

However, I received this below by email today - not sure how they got my email but perhaps from this original debt as the Original creditor may have passed it on to them. Any thoughts on this please?

"The County Court Judgment (CCJ) granted on 11-2018 remains unpaid therefore our client is considering enforcement action.

Despite sending you previous reminders, you have failed to engage with us and set up an affordable payment plan for £2444.21 which means our client could instruct us to take further action in the next 14 days.

If our client instructs us to apply for a Warrant of Control, a County Court Bailiff could visit you at home to discuss payment of the outstanding balance.

Alternatively, our client may instruct us to enforce by way of a Charging Order which will result in the Court securing the outstanding debt against any beneficial interest you hold in a property. This means our client will recover the debt when you come to sell or remortgage your property.

Our client may also request an Attachment of Earnings which will result in the Court ordering your employer to deduct payment directly from your wages.

In order to avoid this, you must either make a one-off payment of £2444.21 or set up a payment plan with us within 14 days."
 

[lolerz]

Who is "Them"

 

[SimplyBeyondWords]

Oh sorry, it is Overdales. Apologies.

[lolerz]

so Lowell is the current debt owner?

Was the payment plan made through the courts or informally with them?

[SimplyBeyondWords]

The payment plan was made officially through the court who accepted it. It has always been maintained apart from as explained.

[dx100uk]

for lowells then.

 i could instruct my dog to sit, if it does is a totally different matter..

whats the debt and when did you take it out?

and when did you last pay it?

you know the game from the info we asked you in your current claimform thread.

bottom line 

ignore them.

nothing they can do.

thats just a std threat-o-gram sent automatically by email which is a freeway to try and scare you.

the debt is >£600 so in all truth they cannot even use HCEO's but eitherway and even for a charging order, they STILL have to return to court to ASK the court to allow bailiff use or apply for a charging order, and if any of those were to be attempted, the court would write telling you giving you the opportunity to object.

 might be the best option as when its back in court you could then demand they show you the signed credit agreement  

ps

On 12/04/2024 at 21:09, SimplyBeyondWords said:

I have never received any notification or demand from the Court regarding the period I was unable to pay and haven't to date.

you wont its nothing to do with them now. the claim was adjudged.

dx

[SimplyBeyondWords]

Can't remember the original creditor now but it will have been a CC. Last payment to OC would have been a long time ago, as I recall, I think it was almost SB when they took it to CC - around 12 mths left ish. Thx, I'll wait to hear from the court then.

[dx100uk]

which you wont ever..

[dx100uk]

thread retitled and moved to legals

 

[SimplyBeyondWords]

This has been playing on my mind a little so been reading.

Am I right in saying that if the original debt was regulated under the CCA and below 25k they can't use HCEO? 

[dx100uk]

CCA regulated debts cannot be enforced by HCEO's at all now.

however even if they COULD be.

no bailiff, whatever their type, on consumer debt judgements, have ANY right to force entry ...you simple IGNORE THEM.

 

[SimplyBeyondWords]

Thank you DX100.

I trust you are right that it is a threat o 'gram.

From what I've read, they (being Overdales) would have to prove that I have not maintained the payments agreed with the court in order to obtain the right to escalate to HCEO / Bailiff?

Obviously I can prove the payments have been made - I know I was late with approx 3 months but I checked the other day and I definitely made the payment direct to them to catch it up for the time I was physically unable to pay which at the time was out of my control as explained on my first post.

[dx100uk]

cant use HCEO's on CCA regulated debts now

so what if they do request the court to sent county court bailiffs..., you'd be advised before that and probably the very best thing to happen as then you can challenge the whole enforceability of it all.

[SimplyBeyondWords]

Thank you again. I'll just wait then and come back to this if and when.

[SimplyBeyondWords]

If I may, just one more quick question after my reading fest.

After 6 years from the date of CCJ I have read that if it were to be stopped being paid then Lowell would have to re-apply to the court to enforce / extend it if it was not paid off as otherwise they have no way to enforce it?

Is that right?

I'm sorry I'm bombarding the questions and there is a point to this...

The threat o'gram received, would that likely be them being worried that the CCJ goes after Nov this year and if it was to be stopped being paid they are trying to get it cleared before that happens just in case one was to stop paying after the expiry of the CCJ?

[dx100uk]

are you seriously doing the DCA jobs for them with filling your head with stupid stuff.

a CCJ does NOT EXPIRE

its removed from credit files after 6yrs, paid or not, paying or not.

it's just much much harder for the claimant to persuade a judge to enforce it after 6yrs have elapsed should they return to court with it.

im not sure why you are bothering to do such an in depth worry session on this.

debt is not a crime in the uk.

you cant goto jail

you cant lose your home

and your grans budgie is safe from being murdered.

 

 

[SimplyBeyondWords]

I know.

Overthinking it all. Apologies.

Your comment here

"it's just much much harder for the claimant to persuade a judge to enforce it after 6yrs have elapsed should they return to court with it."

is why I asked the question and hence I wondered if that is why they are now pushing with that email to try and get it cleared before the 6 year period is up and if payments were to cease.

 

[dx100uk]

6yrs of non payment

you've paid within 6yrs