Paying off a CCJ - refused?

[n20998]

Interesting one this. I've got a CCJ against me for rent arrears from a few years ago. It wasn't smooth as the landlord and solictor claimed interest had been awarded, but it had not, and the court agreed. Since then I've been making the monthly payment without fail. Haven't had any kind of statement from the landlord. My situation has improved, and I want to pay off the remaining balance, in full, which otherwise would take another 18 months or so to pay. I had several defaults, which have all been satisfied and are starting to drop off my credit report, so my credit worthiness is improving. The reason to pay off the CCJ early is to get it satisfied by the court. I emailed the landlord asking for confirmation of the remaining amount and saying I wanted to pay it all off. I thought they would be happy but I received this response...

I have reviewed the judgement and it makes no provision for early payment.

Given the amount of time and expense it took me to achieve this outcome I will not agree to any divergence from the terms of the judgement without legal guarantees that it will have no detrimental impact.

I don't get it - what could the detrimental impact possibly be? They would have been repaid the agreed amount in full.

My intention is still to repay the amount in full and write to the court to say it's been paid and ask it to be marked as satisfied.

Any thoughts or opinions on this would be great.

Many thanks

[n20998]

Hi, any thoughts on this?

[jaguarsuk]

He must be the only claimant in the history of court proceedings not to want his money, anyone else would be biting your hand off to be repaid early. He's clearly enjoying the power of this hanging over you and you having to make monthly repayments, there can be no other reason for that sort of behaviour.

My suggestion would be to write back stating that judgement can be settled in full without any provision specifically being made in the judgement order by the court as once the judgement is paid in full it is deemed settled, regardless of early payment and that given his concerns about expense and time spent on this matter he should advise the amount left owing within 7 days of the date of the letter.

If he refuses or ignores your request it is your intention without further reference to him to make an application to the court at a cost of £255 to vary the order to settle the remainder of the judgement owing and due to his unreasonable conduct you intend seek the cost of that application be awarded against him to you.

He should see the error of his ways, but get your bank statements and calculate what you have paid, deduct it from the amount of the judgement to be prepared for if the lunacy of having to go to court to repay a judgement actually occurs... nothing surprises me.