Ccj has been entered against me

[Funkindeadly]

Hi
ive got a letter from lowell soicitors saying
as im aware a ccj was entered against me on the 25/5/2018 and because i never replied the court has ordered i must pay as follows..£100 a month the debt is for a total of £425.
now the thing im asking ..is this a genuine letter and has a ccj been orderd by the courts as i have had no letters from the court before hand and no letter from the courts now saying they have orded this..i just have lowell solicitors letters..any help at all on this matter would be great..i just feel is this one big con from lowell ..but also if its a genuine thing dont want bailiffs at the door..thanks in advance

[Amethyst]

It is likely to be true. As it is recent you would be able to pay it up in full ( within 28 days) to avoid the CCJ being registered against your credit file, but of course you will want to find out what it is and decide whether to try have it set aside and defend. First step is to give the court a call, presumably Lowell have given you the Claim Referene ( copy of the court order? ). See if you can get the court to send you the judgment order and the original claim particulars so you can look at setting aside.

Likely Northampton CCBC - contact info https://courttribunalfinder.service....ss-centre-ccbc

Any idea what the original debt was?

For ref once you've found out more info - Set Aside info >Set Aside Application

[jaguarsuk]

If the letter has a claim or judgement reference on it of 8 characters usually beginning with D then phone Northampton County Court Business Centre to clarify.

If they have ask where the forms were sent as you did not receive them and ask that they send a copy of the claim form along with the judgement to you.

[Funkindeadly]

yes i know what its for and tbh its my fault for ignoring it a way back..northampton cc your right..ive just seen there useless at taking calls there..if i owe it and now im in the better position to pay it thats fine..i just felt lowell were usuing a scare tactic as i had nothing official for a court

[Amethyst]

Before paying it, just check with court....at least get a copy of the order emailed over .... presumably you don't want a CCJ on your credit file for the next 6 years ( in case you were thinking of just going along with the £100 a month ).

Also if Judgment has JUST been obtained on 25/5 they are letting you know to pay very quickly which rather says they knew your address all along , or suddenly managed to trace you if the court documents were issued to an old address.

[Funkindeadly]

i was going to pay in full before the 25th of june as i dont want a ccj on file.i will email the courts as i have tried to call and after looking online everyone says the phone service there is bad..as in people took 4 days of calling before speaking to a actual real person..ok so maybe its a genuine letter regarding the court order ..but surely i thought i would have had a offical court letter saying so...otherwise i could send a letter to my mate saying the courts said pay me that £40 back

[jaguarsuk]

i was going to pay in full before the 25th of june as i dont want a ccj on file.i will email the courts as i have tried to call and after looking online everyone says the phone service there is bad..as in people took 4 days of calling before speaking to a actual real person..ok so maybe its a genuine letter regarding the court order ..but surely i thought i would have had a offical court letter saying so...otherwise i could send a letter to my mate saying the courts said pay me that £40 back

If you were to pay the £100 monthly as the court ordered this still wouldn't show on your credit file, but if you have the means to settle in full then it is sensible to just get it out the way.

You should have had both a claim form and a judgement sent to you.

[Funkindeadly]

Oh..i thought if i paid the monthly installments the ccj would shiw and stay on record for 6 years..and the only way to avoid this was to pay in full....so just for the record ..if i pay the 100 a month as courts have said ..a ccj wont show on my records for 6 years..is that right

[jaguarsuk]

Oh..i thought if i paid the monthly installments the ccj would shiw and stay on record for 6 years..and the only way to avoid this was to pay in full....so just for the record ..if i pay the 100 a month as courts have said ..a ccj wont show on my records for 6 years..is that right

Yes, because it would only be reported to trust online if you failed to maintain comply with the order of the court. They have ordered instalments and so you a perfectly entitled to stick to them.

I have a judgement against a debtor paying instalments and it has not been reported to trust online as they are sticking to the repayment ordered by the court.

[Amethyst]

I still disagree I'm afraid.

[Amethyst]

This is a default judgment.

I believe this is the relevant exemptions and I have bolded the bit that gets confused .

So http://www.legislation.gov.uk/uksi/2005/3595/made
8(1) is the judgment will be registered bit ... then Exempt judgments – High Court and county courts


9. Regulation 8(1)(a) does not apply to—

(a)any judgment made—

(i)in family proceedings;

(ii)by the Administrative Court; or

(iii)by the Technology and Construction Court;

(b)any judgment made in proceedings which are the subject of an appeal under Part 52 of the 1998 Rules, until that appeal has been determined;

(c)any judgment, other than a liability order designated under section 33(5) of the Child Support Act 1991, where the hearing was contested, until—

(i)an order is made for payment by instalments following an application by the judgment creditor;

(ii)an application is made for payment by instalments by the judgment debtor;

(iii)the judgment creditor takes any step to enforce the judgment under Part 70 of the 1998 Rules (general rules about enforcement of judgments and orders);

(iv)the judgment creditor applies for an order under Part 71 of the 1998 Rules (orders to obtain information from judgment debtors);

(v)the judgment creditor applies for a certificate of judgment under rule 8 of CCR Order 22 in Schedule 2 to the 1998 Rules;

(d)an order for the payment of money arising from an action for the recovery of land (whether for costs, payments due under a mortgage, arrears of rent, or otherwise), until the creditor takes any step to enforce the order under Part 70 of the 1998 Rules;

(e)an order of a county court under—

(i)section 73(15) of the Road Traffic Act 1991(8) (order for the recovery of an amount which is payable under an adjudication of a parking adjudicator); or

(ii)paragraph 7 of Schedule 6 to that Act (order for the recovery of an increased penalty charge).

[Amethyst]

Here ccr 22 https://www.justice.gov.uk/courts/pr...ccrorder22.pdf

[Amethyst]

Basically if you don't either set aside or pay within 28 days expect it to be on your credit file for six years - sometimes they don't get registered but mostly they do and it's not worth the risk IMO