CCJ and Charging order.

[Ken100464]

Opinions on this would be most welcome as looking around the net and on other forums there seems to be no real answer to what is legal.

The story.

OC obtains a CCJ followed by a charging order on my house. Re payment agreement is set up and this goes on for 3 years. This is in the CCJ. Debt is reduced by half in this time.

Repayments go to second firm who is collecting on behalf of OC.

Both OC is named as the claimant and firm B as the company to pay to on the CCJ.
OC sells debt to Firm C.

OC letter says " we have transferred ownership together with the rights to collection of your debt in relation to the above credit card to Firm C"

Firm C's letter of assignment says "Firm C has been assigned to us all right title interest and benifit in the debts due in relation to the above account previously owned by OC. This means that we are now entitled to all sums owed under the account and the benifit of any actions taken on by or behalf of OC prior to the assignment." They then go on to say it is important to continue to make payments to Firm B.

CRA are now showing debt to OC as £0 and settled. Firm C have now taken on reporting and are showing as assignee's

The questions?

What happens to the CCJ and CO on these sold on debts. Both these documents are court papers so surely only a court can alter them? Do I need to be advised by the new owner if they change the CCJ and CO at court. Is there a cost for either them or me?

If this is the case then do the CCJ and CO then fail by default unless Firm C decides to go back to court to vary them so they become named as the Creditor on the CCJ?

This then comes onto my final question if the answer is that the CCJ and CO dont get transferred unless there is a court order varying them. Who discharges them and when?

In my simplistic laymans view of the world it would seem the OC now has a CCJ and CO that has been satisfied by the purchase of the debt by Firm C. The debt exists still but is now just that a standalone debt. The CCJ and CO should be dealt with by the OC unless Firm C decides to go for variance (if indeed they can) or a brand new CCJ should be applied for via the court in favour of Firm C.

Any guidance at all on this and how debts are sold on would be very helpful to understand the process.

Like I said after trawling many consumer forums there is much confusion and different views on this very subject. Many threads with this very question are going unanswered out there. And with the large increase in CCJ's and CO made would think this will be something that many more consumers are going to be asking soon.

Thanks for anyones opinion.

[eggboxy1]

Re: CCJ and Charging order.

From what I have read on this subject, Charging Orders cannot be transferred unless the new owner of the debt returns to Court to register the CCJ in their name? Not sure where that leaves you but you can always try to apply to the LR to have the CO removed if the person with the CO no longer owns the debt.

[Ken100464]

Re: CCJ and Charging order.

Many thanks eggboxy1.

Thats how I read it aswell. This is not just some bit of paper selling a debt between two companies this is a court document won in court infront of a judge. And as such would need a judge to sanction any changes to it.

It isnt an order won by company c against debtor a but an order won by company b against a. They choose to sell on the debt so the debt between a and b no longer exists.

Interestingly no one seems to be able to answer this with evidence just a feeling. So in my mind now unless company C goes to court and pays the fee to get it registered the CCJ has been satisfied. If the CCJ no longer exists then the CO no longer has any reason to exist. Company b cannot have a charge against your home if no debt to b exists surely.

I wonder how many times the DCA's who buy these old CCJ's just blag the debtor into thinking its still there.

Eggboxy1. How would I go about finding if the DCA has gone back to court to do this? Does the court inform me? Do I have a chance to argue my case against it being transferred? (Maybe circumstances have changed now) If the DCA has not transferred the CCJ what would I need to go to court with to say the debt to Company B has been satisfied? Infact is it even a good idea to stir things up? And finally if the CCJ is satisfied and lifted what happens to the debt. Does it revert back to the original CCA agreement which of course had been superceded by the CCJ.

I think this is a very grey area which could do with some knowledgable research on. Am sure with the blizzard of CCJ's and CO's arriving from the credit binge this will become a very common occurrance.