Sold CCJ

[heather]

Hi

trying to find out if there is legislation that states a DCA (arrow) has to register the buying of a CCJ (egg) with the courts and if so the timeframe. I have read somewhere before that there is, but i cannot find it again now. Arrow are harrassing me to pay more when i have been paying Egg solicitor for last five years regularly. Not trying to avoid paying but want to stop the harrassment. I advised Arrow that i believe that they cannot purchase the CCJ without court registration. They only contact me through Shoosmith Solicitors who were/are Egg's.

Thanks

Heather

[miliitant]

Re: Sold CCJ

You continue with thE same payments that have been agreed

if an account is sold, along with it are all rights and responsabilities from the previous creditor. No new creditor can make you pay more. In your case, only the court can increase the payments.

Tell arrow to soD off, if they want higher payments then they are to make an application to the court. If not, any further corresspondants will be viewed as harrassmant and reported to the court

[heather]

Re: Sold CCJ

Hi

thanks for response. Problem is tho when the CCJ was initiated there was no monthly repayment stated on it, only a verbal agreement with the solicitor at the court to continue to pay what i had alreay been paying each month.
If Arrow are allowed to continue to chase me for this debt despite court documents showing i owe monies to Egg, i am considering filling in an N245. if i continue to refuse to fill in Arrows I & E not surer what they can do next.

Thanks

[basa48]

Re: Sold CCJ

Simply reply to Arrow that the verbal agreement with Egg was to pay £XXX per month which has been implicitly acceptable for the last 5 years.

Unless Arrow have bought this debt outright (an absolute assignment) then only Egg can take this to court to ask for increased payments.

If Arrow have bought this debt then they should send a copy of a letter from Egg confirming this and then Arrow have to ask the courts to increase the payments.

In any event it will take a court order to force you to increase the payments.

[heather]

Re: Sold CCJ

Thank You. Egg did inform me in writing. But after i got their letter i searched the internet about re-assigned CCJs and there seems to be a grey area. How would the court order process work as there is no official agreed figure at the mo, can Arrow try and make me sell the house against the Charging Order?

[basa48]

Re: Sold CCJ

Thank You. Egg did inform me in writing. But after i got their letter i searched the internet about re-assigned CCJs and there seems to be a grey area. How would the court order process work as there is no official agreed figure at the mo, can Arrow try and make me sell the house against the Charging Order?

IMO the courts would take a dim view of a creditor going back to court to ask for increased payments or enforce a charging order if there were not compelling evidence you could pay more or were in danger of defaulting on the verbal agreement to pay monthly sums.

Well yes they could apply to the court to force a sale, but that is highly unlikely to succeed given that your payments have been acceptable for the last 5 years.

Although Arrow were probably unaware of the verbal agreement, that agreement is well established after 5 years and Arrow will be deemed to have accepted it when they took over the rights and duties of the agreement.