14 year old CCJ

[buggaluggs]

Re: 14 year old CCJ

Just to be clear, they would have had to send notice between 2008 and now to claim interest within the period in any case

I did wonder this but reading the factsheet from national debt line, they don't have to send them as the original agreement is pre-2008.

I really would not be making a DCA offers, especially in writing.

I haven't done, it was verbal over the phone, I have been advised to write to them and complain about the interest but think I may be opening a can of worms. why would you not recommend offering a settlement in writing?

I suspect I should sit tight and if they ever tried to enforce or sent a stat demand then I would have to fight it then.

[Celestine]

Re: 14 year old CCJ

I'd definitely go with the 'sit tight' approach.

If they do ever issue a statutory demand....read my signature or read here:http://www.legalbeagles.info/forums/...uccesses-forum

[buggaluggs]

Re: 14 year old CCJ

I'd definitely go with the 'sit tight' approach.

If they do ever issue a statutory demand....read my signature or read here:http://www.legalbeagles.info/forums/...uccesses-forum

Thanks for the link, that is a lot of success stories!! Can I ask if any of them have been for CCJs over 6 years?

[Guest]

Re: 14 year old CCJ

I did wonder this but reading the factsheet from national debt line, they don't have to send them as the original agreement is pre-2008.

Then their fact sheet is wrong, transitional provisions cca 2006 "whenever made"

[Guest]

Re: 14 year old CCJ

Do you have a link to the section of their fact sheet which says this, I am friendly with one of the people who helped create the new website there and he asked my to proof it, I must have missed that bit, I will point it out to him.

[Guest]

Re: 14 year old CCJ

There you go

http://www.legislation.gov.uk/ukpga/2006/14/schedule/3

[buggaluggs]

Re: 14 year old CCJ

http://www.bdl.org.uk/images/18_EW_N...%20a%20CCJ.pdf

[buggaluggs]

Re: 14 year old CCJ

Section 130A of the 1974 Act applies in relation to agreements whenever made but only as regards sums that are required to be paid under judgments given after the commencement of section 17 of this Act.

When did section 17 commence?

[Guest]

Re: 14 year old CCJ

http://www.bdl.org.uk/images/18_EW_N...%20a%20CCJ.pdf

Yes this is the old website, however it does not say what you said earlier this is what it says

If you have a county court judgment that was
made before 1 October 2008 then the rules on
how your creditor may add interest to the debt
are not very clear. Some credit agreements allow
a creditor to add contractual interest on to the
county court judgment. There must be a term in
your credit agreement that states that the creditor
is allowed to add interest after the judgment is
made.

There has been a court of appeal case called
Director General of Fair Trading against
First National Bank in 2001. This decision said
that in some cases while you are paying the county
court judgment, contractual interest may be
charged on the amount that you still owe on the
judgment. This may not be made clear to
you by the creditor.

Advice
You may be able to argue that it is unfair for
the creditor to keep adding interest if they have
not told you they are doing so. You may be able
to complain about this. Phone us for advice.

If interest is still being added, it may mean that
when you have paid the original balance owed on
the judgment, you will find that you have an extra
amount that the creditor says you owe, even
though the judgment has been paid in full. To
force you to pay this, the creditor would have to
take you to court again. They may not be able to
do this. Phone us for advice.



Notice the Nat west case I mentioned earlier.

the point is this. Apparently you are worried about the prospect of them submitting a bankruptcy petition quite understanderbly.


In the unlikely event that this should happen this can be defeated if there is a" triable argument" which should be addressed in the court, we have an expert in the subject on the forum.

Now the interest issue is definitely a triable issue and would mean that the case would have to be referred to the court, then they run into the problem of the SOL because they would be starting a new case, which is another issue, the interest as said cannot be reclaimed as part of the original judgment, and generally another judgment cannot be given on the same facts, this is very tricky for them to pull off, for this reason a SD In my view is unlikely to succeed.

As said armed with all this info I would sit tight in the knowledge that if the worst should happen there are facilities here to help.

[buggaluggs]

Re: 14 year old CCJ

So pre 2008 it is a grey area and can be contested.

After reading more of the legislation surrounding section 130s it seems they didnt have to send them to me.

[Guest]

Re: 14 year old CCJ

Let us know if there are further developments

[buggaluggs]

Re: 14 year old CCJ

I will do, thanks for everyones help on this.

[buggaluggs]

Re: 14 year old CCJ

deleted post, made a mistake.

[buggaluggs]

Re: 14 year old CCJ

Unsure if I should start another thread but can anyone advise on how to proceed with a full and final settlement.

They have agreed to a settlement of half, £4667. I only have £2500 at the moment but can raise the remainder by September. The guy on the phone said it was up to a manager whether they would agree to that as it is usually all in one go and he suggested paying a small amount each month until september and then offer half in september but im worried they will go back on this and demand the full amount if i start paying a small amount.

Any ideas on how to tackle this? I havent put anything in writing at the moment but maybe i should?

[FlamingParrot]

Re: 14 year old CCJ

Unsure if I should start another thread but can anyone advise on how to proceed with a full and final settlement.

They have agreed to a settlement of half, £4667. I only have £2500 at the moment but can raise the remainder by September. The guy on the phone said it was up to a manager whether they would agree to that as it is usually all in one go and he suggested paying a small amount each month until september and then offer half in september but im worried they will go back on this and demand the full amount if i start paying a small amount.

Any ideas on how to tackle this? I havent put anything in writing at the moment but maybe i should?

A full and final settlement SHOULD ALWAYS be put in writing, and in the proper way.

Avoid agreeing anything over the phone, I once accepted a DCA's "generous offer" to settle a small debt for a reduced amount and followed their instructions to ring them and provide my debit card details to make the payment. BIG MISTAKE! 5 or so years later, I'm still being chased for the balance! :rant: :rant: :rant: :mad2:

Before doing anything else, you may want to look at this thread: http://www.legalbeagles.info/forums/...ht=settlements

Also it's always advisable to pay via a third party cheque, as noted here: http://www.legalbeagles.info/forums/...350#post423350