CCJ received, amount very different to the debt

[ploddertom]

Even if it was for the sum stated, you could be saddled with this as it was dated back in August. Fingers crossed there is a cock up somewhere as you don't want penalising for 6 years for the sake of 41p.

[Amethyst]

Yip, it is likely to have to be a set aside application either way. Just be an arse to set aside then have the full £1300 claim go forward ( although it is likely defendable )

[CR41GK19]

Okay so i called the court, a very kind lady dealt with my query, i was able to be sent the particulars of the claim, but the claim form will have to come by post. I wasn't charged. the particulars are a tad confusing:

Please see below a copy of the particulars of claim as requested

ASSET COLLECTIONS & INVESTIGATION CLAIM THIS AMOUNT IN RESPECT OF AN UNPAID LOAN FUNDED BY AVANT. THE DEFENDANT FAILED TO ABIDE BY THE TERMS OF THE CONTRACT. ASSET COLLECTIONS & INVESTIGATION PURCHASED THIS DEBT FROM AVANT AND SUBSEQUENTLY SENT A NOTICE OF ASSIGNMENT TO THE DEFENDANT TO ADVISE. THE DEFENDANT HAS FAILED TO RESPOND FROM THE CLAIMANT THUS DENYING THE CLAIMANT ANY OPPORTUNITY IN ASSISTING THE DEFENDANT IN ATTEMPTING TO BRING THE MATTER TO AN AMICABLE CONCLUSION. THE CLAIMANT CLAIMS INTEREST UNDER SECTION 69 OF THE COUNTY COURTS ACT 1984 AT THE RATE OF 8% A YEAR FROM 06/07/2017 TO 13/03/2018 ON £1,872.06 AND ALSO INTEREST AT THE SAME RATE UP TO THE DATE OF JUDGEMENT OR EARLIER PAYMENT AT A DAILY RATE OF £0.41.


Can they issue separate court action on interest and actual debt as separate claims? Or am I right in assuming this is starting to look more like a court fudge up

Also as you see I was wrong on the debt amount but as I now know which debt it was relating to i was assuming something entirely different

[ploddertom]

Ha, ha - looks as if they have cocked it up and just claimed 1 x Interest Daily Rate. This could be interesting as for me it is them that need to all the work now and not yourself. Even if the Court cocked it up they evidently have never noticed.

[Amethyst]

It is very likely that they will correct it when/if you apply to set aside.

Does it show on the Register and your Credit File as a CCJ ?

Have Asset or TM Legal contacted you since August ? ( emails are their usual route )

I suppose the question is, do you care about having the CCJ against you - do you have others recently so it doesn't make much odds, and it'd just be good to have it out the way? Or is the CCJ something that is going to cause issues and you want it to be gone?

Could just wait for Asset to notice and apply to court themselves to correct it then go in with defence etc.

[CR41GK19]

The ccj is registered publicly and on my credit file as £25. The address is my old address. TM legal sent me a letter at my new address the day i started this thread trying to get in contact with me which i responded to.

Not sure now whether it was a good idea to do that.

[Amethyst]

Dunno…. what did they say, and what did you reply ?

Do you want to get rid of the CCJ ?

[CR41GK19]

The letter was a simple request to contact so i did, i got though to the customer service team where they explained the debt and about payment, i asked about the ccj, and I was told they had a record of it on file then i asked them about the amount, which meant being on hold for 10 mins while managers where consulted, in the end they seam to think i was arguing that i had paid, not that the amount on the ccj was wrong so they asked me to send proof of payment to them to reflect that the account balance should be what is stated on the ccj. They have frozen the account until Monday in order to give me time to send them said proof.

Is it even possible to have a ccj removed at this point?

I am planning to enter into a dmp with my other debts and not having a ccj in the mix would be ideal as attachment of earnings would make things difficult, but even if i did that there really is nothing to stop me receiving a ccj again is there. I don't think i can argue the invalidity of the debt so if i can't right this off because of a potentially wonderful mistake by asset collections then i'll have to pay it.

[ploddertom]

My thought is they know they have cocked up and are trying to sort it outside of Court - I imagine they would have to pay for an application the change & sort all this out. In my view they are totally at fault and don't see why you should help them.

They appear to be admitting they have done this knowingly at an old address.

[CR41GK19]

This may sound silly but in either situation would it be detrimental to pay the £25.41.

[ploddertom]

Seeing as its already on your Credit File then personally I wouldn't but that has to be your choice.

[Amethyst]

Hmmm.

Was just thinking that Asset paid the wrong court fee so it MUST be their error issuing the claim in the wrong amount rather than the court making a typo. £25 is only claims up to £300. The court fee for a £1800 claim would be £105. So they made the mistake and would have some efforts and expense to rectify it.

You could pay the £25.41 and get the CCJ marked as satisfied. Asset likely won't inform the court of the payment but you can do, send the court evidence and obtain a certificate of satisfaction - https://www.gov.uk/government/public...r-cancellation - which would leave you with a CCJ showing on the file but show it as paid. That would be the end of the CCJ enforcement wise. Just staying on your credit file and the register. But if you're just looking at going into a DMP you're likely burgered for the next 6 years with defaults anyway.

Asset might try and go back to get judgment on the remaining debt though... which you could argue.

[GBExile]

Asset (TM Legal) are now trying to scrape the bottom of the barrell for "costs" they have "incurred" in legal action & I can confirm this via the FOS.

Tracy Mollart wants every single penny she can get together before it closes. But 41p ?? lol

She is also after me for £150 court costs she incurred when not following the orders of the judge & lost as a strike out as a result but now is after her "costs".

Tracy has absolutely lost the plot. Anyone might think she is maximising the losses in one company to increase the write off against collected money in another.............

Please feel free to correct me.

[Amethyst]

Have you got a thread GB about your case? They had a case against you struck out for them not complying with directions - not returning DQ or something else? Have they applied to overturn the strike out ? ( what costs are they after ?)

[CR41GK19]

Thanks for letting me know, i'll get a certificate of satisfaction. are then argue if they try to go after the rest.