Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2015

[nemesis45]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Without the necessary agreements if Highwire only pays £1 a month he could end up in all sorts of trouble . So actually it matters one hell of a lot what the judge says if the creditors do not agree to installments

Yes we know that no one has sais this will be a unilateral decision.

If you bother to read through the thread you will find that Highwire has no assets and no chance of paying the judgment order in full!

[FlamingParrot]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Without the necessary agreements if Highwire only pays £1 a month he could end up in all sorts of trouble . So actually it matters one hell of a lot what the judge says if the creditors do not agree to installments

That's why I said above that everything has to be agreed with the court:

Anything at this stage has to be done via the court. Can you tell us what was the order made by the judge?

If the judgment is forthwith and it's not subject to a redetermination, the creditor can apply for a warrant of control. :scared: It used to be rather uncommon for judgment creditors of this kind to use this type of enforcement but we are seeing it used more and more with those people who got default judgments they didn't know about to scare them into making payments.

[Berniethebolt]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Yes we know that no one has sais this will be a unilateral decision.

If you bother to read through the thread you will find that Highwire has no assets and no chance of paying the judgment order in full!

I have bothered to read the whole thread and I included what you said which was basically it doesn't matter what the judge says pay what you can afford. That sounded pretty unilateral to me -anyone else could read that and think it is ok to ignore a ccj - hence my point it needs agreeing . I am not au fait with what sort of enforcement is allowed on low value debts but could that include attachment to benefits or similar, I would rather have them have £1 a month agreed than money off benefit .

That's why I said above that everything has to be agreed with the court:

If the judgment is forthwith and it's not subject to a redetermination, the creditor can apply for a warrant of control. :scared: It used to be rather uncommon for judgment creditors of this kind to use this type of enforcement but we are seeing it used more and more with those people who got default judgments they didn't know about to scare them into making payments.

Yes agree totally Flaming Parrot, they are all bar stewards and will do what they need to get the dosh

[FlamingParrot]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

I have bothered to read the whole thread and I included what you said which was basically it doesn't matter what the judge says pay what you can afford. That sounded pretty unilateral to me -anyone else could read that and think it is ok to ignore a ccj - hence my point it needs agreeing . I am not au fait with what sort of enforcement is allowed on low value debts but could that include attachment to benefits or similar, I would rather have them have £1 a month agreed than money off benefit .

Attachments of benefits are not allowed to recover CCJs, deductions from benefits can only be made to pay priority debts such as rent or utility arrears, council tax arrears or overpayments of benefits or tax credits. They cannot be used for any other debts even if subject to a judgment. :nono:

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Was the order forthwith, i.e. the amount to be paid "immediately"? If so, you could apply for a redetermination or a variation of the order. A redetermination can only be applied for within 14 days of the order being made and there's no fee. A variation can be applied for at any time using an N245 and paying a £50 fee (you may qualify for remission though). You've still got a bit of time so let's see what you get in the from the court in the next few days.

Meanwhile it would be a good idea if you could start preparing your income and expenditure statement. :typing: This is a link to the N245 so you can get an idea of the items that go under financial info: http://hmctsformfinder.justice.gov.u...s/n245-eng.pdf You may not need to fill in the actual form but it should give you an indication. You will find a useful online budgeting tool here: https://nedcab.cabmoney.org.uk/quickfs.asp There's no need to register and you can save your completed form as a Word document ready for use. :thumb:

I'm not sure of the terminology of the order, will see when it comes in the post. But the judge knew I was on benefits and at the end of the hearing advised me to negotiate repayment with the claimant to avoid finding myself back in court. I'm not sure exactly what he meant by this..?

Thanks for the info above, that's very helpful!

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Attachments of benefits are not allowed to recover CCJs, deductions from benefits can only be made to pay priority debts such as rent or utility arrears, council tax arrears or overpayments of benefits or tax credits. They cannot be used for any other debts even if subject to a judgment. :nono:

Thanks for confirming this before I even needed to ask... it was literally my next question. Phew!

[Berniethebolt]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Attachments of benefits are not allowed to recover CCJs, deductions from benefits can only be made to pay priority debts such as rent or utility arrears, council tax arrears or overpayments of benefits or tax credits. They cannot be used for any other debts even if subject to a judgment. :nono:

Thank you for that, never let it be said that I am one of those who don't admit it when I am wrong

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Afternoon all,

I have another legal question.... I understand that with CCJs (still not received any court order paperwork yet btw), to prevent it actually being registered against you, you must pay the judgement order in full within 30 days. However I've had another full and final discounted settlement offer from them (still too high for me to pay) and they're saying they won't register the CCJ if I pay the discounted settlement... but hypothetically speaking if they did accept a reduced settlement under the terms that the CCJ won't be registered, is this legally binding or just a trick?

I understand that typically judgement orders must be paid in full to avoid the CCJ, but if a discounted settlement is paid, could they then go and still register the CCJ and get away with it by saying the full judgement wasn't paid and therefore the CCJ stands?

I've phoned every organisation I can think of to ask about this and no one could give me a definitive answer

Thanks in advance once again beagles!

[nemesis45]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Afternoon all,

I have another legal question.... I understand that with CCJs (still not received any court order paperwork yet btw), to prevent it actually being registered against you, you must pay the judgement order in full within 30 days. However I've had another full and final discounted settlement offer from them (still too high for me to pay) and they're saying they won't register the CCJ if I pay the discounted settlement... but hypothetically speaking if they did accept a reduced settlement under the terms that the CCJ won't be registered, is this legally binding or just a trick?

I understand that typically judgement orders must be paid in full to avoid the CCJ, but if a discounted settlement is paid, could they then go and still register the CCJ and get away with it by saying the full judgement wasn't paid and therefore the CCJ stands?

I've phoned every organisation I can think of to ask about this and no one could give me a definitive answer

Thanks in advance once again beagles!

Yes any such agreement would be worded so that it is acknowledged that your liability is extinguished once the payment is received.

nem

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Yes any such agreement would be worded so that it is acknowledged that your liability is extinguished once the payment is received.

nem

So does that mean that they absolutely would not be able to go ahead and register the CCJ on my credit file if they accept a reduced settlement?

[nemesis45]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

So does that mean that they absolutely would not be able to go ahead and register the CCJ on my credit file if they accept a reduced settlement?

They would have to get a judgement before they can " register" one.

[highwire]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

They would have to get a judgement before they can " register" one.

I'm a little confused now... they do have judgement already. But I thought there was a 30 day window to settle to avoid it being registered on the credit file and public record?

[Berniethebolt]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

I think this can be done but will ask [MENTION=37786]FlamingParrot[/MENTION]

[FlamingParrot]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

I'm a little confused now... they do have judgement already. But I thought there was a 30 day window to settle to avoid it being registered on the credit file and public record?

Yes, that is correct: http://www.trustonline.org.uk/unders...removing-a-ccj

[nemesis45]

Re: Court Claim - SLL Capital Limited / Full Pocket Ltd (dissolved in 2014) - 20-3-2

Yes pay in full and get a certificate of satisfaction.