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Post CCJ confusion

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  • Post CCJ confusion

    Hi,

    I received a CCJ claim that had an miss-spelled company name I used to own and I put in a defence. This went to an online hearing, which I lost. During the hearing, the judge stated something along lines that although the claim was incorrectly name, it was clear that it was a typo error. The judge proceeded to tear into the legal firm about why it took two years from last correspondence to issue CCJ - turns out creditor suddenly thought I'd be able to pay it off, even though I was jobless during the coronavirus pandemic; why amendment of claim had only been issued days before hearing; why legal costs were issued on the morning of the hearing; how they justified the steep interest; how they were basically money-grubbing on the legal costs. The judge cut all the interest and legal costs down to size. Although I lost, I felt the judge had been fair.

    This was late July. After this I sent a letter to legal firm explaining how I'd be unable to afford to pay of this debt in full (circa £12,000), and offered to pay £150 per month.

    I have received nothing back from the legal firm or the creditor since then. The CCJ still hasn't appeared on credit file, or on a TrustOnline search. I don't know what to do now? Anyone else experienced these kind of delays? I know this will probably rear it's head again, I just find it odd that they've not responded.
    Tags: None

  • #2
    Hi Juniormint

    Did you get proof of postage for your letter to them?

    I don't think it is for you to chase them, you've made an offer of payment, providing they received it, then it's down to them to get back to you. Only pay what you can afford to pay them, if it's £1 month then so be it, it's not a priority debt. Just fill in an income & expenditure form and send it to them. Don't let them 'bully' you into paying more then you can.

    Update the thread with developments.

    Comment


    • #3
      Income/Expenditure

      Comment


      • #4
        Originally posted by MIKE770 View Post
        Thanks Mike770.

        Comment


        • #5
          Originally posted by echat11 View Post
          Hi Juniormint

          Did you get proof of postage for your letter to them?

          I don't think it is for you to chase them, you've made an offer of payment, providing they received it, then it's down to them to get back to you. Only pay what you can afford to pay them, if it's £1 month then so be it, it's not a priority debt. Just fill in an income & expenditure form and send it to them. Don't let them 'bully' you into paying more then you can.

          Update the thread with developments.
          Unfortunately, I didn't get proof of postage - a lesson I should have learnt from them as they only sent one correspondence with proof of postage. In future I will make sure to. Thanks Mike770 for income/expenses sheet - will use it if necessary.

          I'll try and keep this update if anything changes.

          Is it odd that the CCJ hasn't appeared on credit or trust online? Or is there delays because of Covid? Is it odd that they haven't got back to me after this long?

          Comment


          • #6
            So on Saturday, I received a notice of enforcement saying I have until 3rd December to pay in full or agree instalments. I guess next plan of action is to phone them and agree something? Just seems odd they've ignored this and gone straight for the big guns...

            Comment


            • #7
              Originally posted by juniormint View Post
              So on Saturday, I received a notice of enforcement saying I have until 3rd December to pay in full or agree instalments. I guess next plan of action is to phone them and agree something? Just seems odd they've ignored this and gone straight for the big guns...
              Don't offer to pay more then you can afford too, it is not a Priority debt. Also it might be an idea to make arrangements in writing, if you speak to them over the phone, they'll just back track.

              Also send a SAR to the creditor to find out what charges has been added to the account. They have 30 days to provide all the data on the account. Make sure you get Proof of Postage.

              https://legalbeagles.info/library/gu...ccess-request/

              Comment


              • #8
                Originally posted by echat11 View Post

                Don't offer to pay more then you can afford too, it is not a Priority debt. Also it might be an idea to make arrangements in writing, if you speak to them over the phone, they'll just back track.

                Also send a SAR to the creditor to find out what charges has been added to the account. They have 30 days to provide all the data on the account. Make sure you get Proof of Postage.

                https://legalbeagles.info/library/gu...ccess-request/
                I've given them a call, offered what I can. They asked me to make that initial payment, which I have, and then said they'd send out income/expenditure form and I'll have till 29th dec to agree something before action begins. Do you think it's worth going down the route of attempting to suspend the order and then going for a variation order?

                Comment


                • #9
                  Originally posted by juniormint View Post

                  I've given them a call, offered what I can. They asked me to make that initial payment, which I have, and then said they'd send out income/expenditure form and I'll have till 29th dec to agree something before action begins. Do you think it's worth going down the route of attempting to suspend the order and then going for a variation order?
                  It is really up to you, as long as it doesn't stress you out, go for it. They've pulled quite a few stunts.

                  Comment

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