My Capital One/Bryan Carter CCJ......

[palomino]

Firstly, let's deal specifically with the CCJ.

 

If the case is not defended then it never goes before a judge. Your explanation of the difficult circumstances of your mother's illnes isn't a defence.

Hence a default judgment is granted.

 

Given the time since it was granted you will have considerably difficulty in having this overturned.

 

Do you have a copy of the claim and the judgment?

 

If not then ask the Northampton CCBC to send copies to you. You may have to do this in writing but you can try ringing them first.

 

If the judgment was specifically for part of that debt then you're in the clear as you cannot split a claim - section 35 of the County Courts Act 1984 specifically excludes this.

 

Since you have paid off the CCJ then you're home! You can tell Cap1 to go away (as politely as you like) because a CCJ [give the number] was obtained for the debt and that CCJ has been paid in full.

 

You should have a certificate of satisfaction which you send to the credit reference agencies, asking them to clear the defaults from your file from date of the certificate. Unfortunately the 'system' doesn't do this for you.

 

Actually stepping back a bit, when was the cleared payment made in relation the date of the court hearing? Your first post doesn't actually say say but it sounds like you paid up just prior to the hearing - is this correct?

[palomino]

I think you should regard the claim as for the full amount. It's been paid and that's the end of it. What happens between BC and Cap1 is up to them - let Cap1 take BC to court.

 

As for the certificate of satisfaction you will have to push hard for this. BC is known as being as slippery as an eel on a hook. Just keep at it I'm afraid - maybe you even have to go back to court for an order to get him to do this. Make sure your paperwork is 100% watertight of course.

[palomino]

Are you telling me that a court cannot ever issue a Certificate of Satisfaction?

 

As I understand it creditor issues a certificate of satisfaction - and the Court is not the creditor.

Unfortunately I've never had enough money to reach the point of 'satisfying' any creditors so I cannot say definitively. We need a legal person here - pt?

[palomino]

I wonder if this is what pt2537 means by a bit of the old double jeopardy?

 

Not quite, double jeopardy means two claims for the same debt.

[palomino]

They claim only a small portion of the debt thereby recovering their fee. By submitting to this claim as many do, you acknowledge existence and liabilbity of the debt without determining ownership, thereby allowing the legal owner to revive the claim at a later date, and there's not a thing you can do about it. Stitched up like a kipper.

 

 

This has been quoted around CAG on many occasions but I believe it is wrong.

If BC claims for part of the debt they are not claiming for their fees (although court fees and solicitors fees may be added to amount claimed). I'm not sure what you mean by 'submitting to this claim' - are you suggesting that if you don't defend it you acknowledge the existence of the debt? That is one conclusion but not the only one.

If you have judgment awarded against you for part of the claim the original creditor cannot 'revive the claim' for the remainder at a later date as that would be in direct contravention of S35 of the County Courts Act.

County Courts Act 1984 (c. 28) - Statute Law Database