F&F offer Lowell CCJ - how to contact them (email or post?)

[anonymouse03]

Hi all,

I have drafted a letter to Lowell making a 40% F&F offer on a 5 year old CCJ I have just found out about for a debt I have never acknowledged or received correspondence about since before the CCJ was applied for (had moved address). It would otherwise take me a very long time to repay, and I have stressed this in the letter.

I would like to know if I should send this letter by recorded post or whether email correspondence is "watertight" enough in these situations?

Thank you!

[Amethyst]

I'd stick to post. Why do you want to pay it off now ? Has the judgment holder contacted you regarding enforcement ?

Partial settlement of a CCJ won't get the CCJ on the register/credit file marked as settled. To have it marked as settled / satisfied then it has to be paid in full.

As it is 5 years old there's only a year left on your credit file and the judgment register, so setting it aside would be a risk of it being reapplied for a further six years unless you managed to settled it or negotiate payment without a judgment.... or of course if you defended it successfully.

How much approx is the judgment for ?
What was the original debt ?

[anonymouse03]

I have had no contact from the judgement holder, at all, I don't think they have my new address - which is why I am reluctant to use the postal system.

When I spoke to Northampton on the phone to get details of the CCJ, I asked them if they would mark a CCJ as satisfied when it is paid with a F&F offer and he said yes, and that the creditor will inform them the debt is settled?

I am not interested in a set aside, ideally I want the CCJ to be marked as satisfied so I can stop worrying about it / bailiffs. I can't afford to pay it in full so I am hoping they will accept the F&F as they have not heard from me in 10 years in relation to the original debt. I don't remember how much the original debt was, but the judgement is for ~£2500. I can afford to pay £900 as the result of a loan from a family member. Otherwise I will have to start repayments that I will ask the court to determine using income & expenditure sheet, as I am on a low income and have no assets.

[Amethyst]

If you aren't worried about the register/credit file then yes you can make a f&f offer in settlement of the CCJ debt so you can stop worrying about any enforcement action ( although, they do only have 6 years to commence enforcement before they have to apply to the court for permission to enforce ) If they don't agree a settlement then you can apply to the court ( form N245 ) to make payments at an affordable monthly installment.

It is up to the Judgment creditor if they inform the court the judgment is settled in full - and they may well do - however if they didn't for any reason and you applied for a certificate of satisfaction you wouldn't be able to do so with a partial settlement.

If this is worrying you and you intend on paying it either by F&F or by installment following application, then I would likely feel more comfortable if they did have my current address.... to take any enforcement action they would have to write to you first - so it would be better you receive the letters than they end up sending a warrant of control to your old address, and then have enforcement agents trace you and just turn up on the doorstep. Just my opinion as you want to settle, I think you're better doing it in writing and updating your contact details.

[charitynjw]

Best to get an agreement/consent for f&f before sending any payment, though.

https://www.lovetts.co.uk/blog/bewar...ettlement-trap