Final settlement on fresh CCJ?

[Marieberry]

Hi all
Until August I had an Experian credit score of 999. I applied for a credit card with MBNA on 10th August 2017 and was rejected due to having a CCJ! I refreshed my credit report and there was a CCJ from 6th August 2017 for £2516!

ive been desperately trying to ring the business centre and finally got through today, found out who the claimant was, and contacted them. They have offered me a full and final settlement figure of £2146.26. However I can only raise £1800 today and I'm at work Thursday Fri Mon Tues so this is the last day I have to settle. Having a ccj registered means I can lose my job.

I want to offer the £1800 as F+F settlement so the CCJ is not registered, can someone advise me on the best way to do this?

kind regards

[Debt Camel]

Re: Final settlement on fresh CCJ?

do you agree you owed this money?

[Marieberry]

Re: Final settlement on fresh CCJ?

do you agree you owed this money?

Im not happy as they have amalgamated 2 accounts and keep referring to the "current account" not "the current account and the loan". However I need to ensure it does not register due to my job so I have no choice but to pay it. I just need it gone!

[Debt Camel]

Re: Final settlement on fresh CCJ?

The chance of getting this F&F accepted very quickly AND the creditor agreeing to mark the debt as fully paid even though you haven't fully paid it (there is not "partially settled status for a CCJ) is not good.

All you can do is phone the creditor and make an offer. But you need to get it in writing that they will mark the debt as fully paid before the 1 month deadline.

[Marieberry]

Re: Final settlement on fresh CCJ?

The chance of getting this F&F accepted very quickly AND the creditor agreeing to mark the debt as fully paid even though you haven't fully paid it (there is not "partially settled status for a CCJ) is not good.

All you can do is phone the creditor and make an offer. But you need to get it in writing that they will mark the debt as fully paid before the 1 month deadline.

Thank you so much for your quick replies!

i contacted the solicitors and they originally asked for £2486, they have accepted an offer (after some negotiating) of £2015 as settlement in full. The original debt before interested was added by the county court was £1816 so I'm really pleased with this outcome considering your comments about how hard it would be. Thanks for your advice.

[Marieberry]

Re: Final settlement on fresh CCJ?

Change of events...

I asked for the CCJ paperwork, they sent me a claim firm dated 30/05/2017. I asked them for the most up to date form and they asked me what reference number my current CCJ had. I refused to disclose this to them. What on earth do I do now? Ask for it to be set aside as they are not able to produce the particulars of the claim/did not contact me at my most recent address?

[Diana M]

Re: Final settlement on fresh CCJ?

they have amalgamated 2 accounts and keep referring to the "current account" not "the current account and the loan".

Some quick questions:

Where is the CCJ registered and was the claim form served on an address where you weren't living or is there some other reason why you didn't know you had a court claim and the subsequent CCJ?

If this was an amalgamation of a loan with an overdraft then it may be covered by s 77 CCA and if a set-aside of the judgment were to be the way forward then you might have prospects of successfully defending it depending on when you opened the account(s) etc.

Do you want to explore your options while you still have time?

It's not only about whether you feel you owe the money it's about whether the current owner can lawfully enforce it in court.

Who is the Claimant and who are their solicitors?

My wild guess is that this was a HSBC current account and loan amalgamated before it was sold to a debt purchaser.

Di

- - - Updated - - -

Change of events...

I asked for the CCJ paperwork, they sent me a claim firm dated 30/05/2017. I asked them for the most up to date form and they asked me what reference number my current CCJ had. I refused to disclose this to them. What on earth do I do now? Ask for it to be set aside as they are not able to produce the particulars of the claim/did not contact me at my most recent address?

Our posts have crossed.

I must be psychic

Di

[Marieberry]

Re: Final settlement on fresh CCJ?

Some quick questions:

Where is the CCJ registered and was the claim form served on an address where you weren't living or is there some other reason why you didn't know you had a court claim and the subsequent CCJ?

If this was an amalgamation of a loan with an overdraft then it may be covered by s 77 CCA and if a set-aside of the judgment were to be the way forward then you might have prospects of successfully defending it depending on when you opened the account(s) etc.

Do you want to explore your options while you still have time?

It's not only about whether you feel you owe the money it's about whether the current owner can lawfully enforce it in court.

Who is the Claimant and who are their solicitors?

My wild guess is that this was a HSBC current account and loan amalgamated before it was sold to a debt purchaser.

Di

- - - Updated - - -



Our posts have crossed.

I must be psychic

Di

You must be psychic indeed! I moved house 6 months ago and they sent the paperwork to my old address. The overdraft and the loan were both taken out in 2008 but in different months (can't remember which). I stopped paying either as I was made redundant. Before I could get another job the debt was sold on to Marlin. Mortimer Clarke tried to gain a CCJ in 2013 AND 2015 but I have had them set aside successfully twice already because of this almagamation issue - the first time because the claim only contained one account number and the second time because I had Marshall Hoare Bailiffs also chasing me for part of the debt. This time they are referring to the "current account" however the claim form which they have sent me from 2013 states it is the 2 accounts amalgamated together. At what point they were combined I have no idea unfortunately. You are spot on. They are 2 HSBC accounts....

[Diana M]

Re: Final settlement on fresh CCJ?

I moved house 6 months ago and they sent the paperwork to my old address.

. . . . Marlin. Mortimer Clarke tried to gain a CCJ in 2013 AND 2015 but I have had them set aside successfully twice already because of this almagamation issue - the first time because the claim only contained one account number and the second time because I had Marshall Hoare Bailiffs also chasing me for part of the debt. This time they are referring to the "current account" however the claim form which they have sent me from 2013 states it is the 2 accounts amalgamated together.

Two previous successful set-asides and they still persist - that takes my breath away!

If this was a Defaut Judgment you can get the Case Details (which will include the POC) by calling Northampton County Court.

At the same time I would ask NCCBC to email you a copy of the judgment. You'll need that for any set-aside if you feel like going for a third

They'll need to know the claim reference number which you'll find by doing a search on Trust Online website (you'll need to search under your old address) here
> https://www.trustonline.org.uk/search-yourself

Have you kept the paperwork from the two previous attempted claims? And how much are they claiming since they don't seem to want to give up?

Can you also clarify whether the two previous claims were set-aside (and then you defended them) or do you mean they were either Discontinued or struck out?

Di

[Marieberry]

Re: Final settlement on fresh CCJ?

I locked myself out of my emails with the previous correspondence in a month ago and hotmail have not let me back in yet!

In 2013 it was set aside as it had been amalgamated and the corrospondence only referred to the loan acc number and not the current acc number but they chased for whole amount.

In 2015 it was struck out as I had evidence I had ANOTHER DCA (Marshall Hoare bailiffs) chasing me for the current account only.

i have the current claim reference number from Experian - I only realised the error when I had the debit card in my account and clicked the date on the claim form then cross referenced the claim number. Interesting Mortimer Clarke asked me for the correct reference number - of course I told them that they should have it and if they could kindly send me the *correct* claim form tomorrow I would appreciate it ��

[Debt Camel]

Re: Final settlement on fresh CCJ?

Thank you so much for your quick replies!

i contacted the solicitors and they originally asked for £2486, they have accepted an offer (after some negotiating) of £2015 as settlement in full. The original debt before interested was added by the county court was £1816 so I'm really pleased with this outcome considering your comments about how hard it would be. Thanks for your advice.

Are you absolutely sure they have agreed to mark the debt as having been fully paid? This is NOT the same as accepting a full and final settlement - the creditor basically needs to lie to say the debt has been paid in full or it will not come off your credit record....

[Marieberry]

Re: Final settlement on fresh CCJ?

See pic attached of POC.

As there is no mention of the accounts being amalgamated on the POC and it only refers to a current account I'm assuming I can apply to have this judgement set aside? As it is not factually correct. Original paperwork is from October 2013 - not really sure how they have issued a CCJ based on a claim form that is 4 years old and has been successfully defended already....

[Marieberry]

Re: Final settlement on fresh CCJ?

Has anyone else got anything they want to add/suggest? I've got until Monday evening to get this resolved.... and I'm very fed up at this point.

PP were correct - payment of the money would not have resolved the CCJ. I think a N244 form is the way to go. But I have just no idea where to start!

[Amethyst]

Re: Final settlement on fresh CCJ?

Did you say the court actually sent you a copy of the claim form dated 30/05/2017 ?

[Marieberry]

Re: Final settlement on fresh CCJ?

Yes, but to my old address. I haven't seen the new claim form yet. Tried to ring NCCBC again today to request it but as usual cannot get through!