Please Help - Debt Sold on With CCJ - Court Changed Records?

[midastouch69]

CCJ by Default at Northampton with LTSB entered 2011. Been paying 25/month by standing order with no missing payments. Letter received early July 2016 from a company called Asset Link who inform me they have bought the debt from Lloyds. Letter in the same envelope from Lloyds confirming this. Phoned up the court on 22nd July to find out if any movement on the CCJ - was told 'No, nothing since 2011 and LTSB are the claimants. Phoned up Lloyds to find out what was going on and was told to stop my payments to them forthwith as they no longer own the debt. Now, here is where it gets wierd...

On a hunch, I phoned up the court again on Monday just gone - 22.8.16 and was told that the CCJ was still in place but the claimant was Asset Link - and had been Asset Link from the start [i.e 2011]. I asked about LTSB and the guy at the end of the phone could see no record of LTSB ever being claimants initially. We were on the phone for a good hour with him becoming more perplexed and assuming that I had made an error - until I explained that I was holding the original judgement showing LTSB were the original claimants and that Asset Link only arrived on the scene in late June of this year. He then found a note on the file [must have been well hidden :tinysmile_twink_t2:] dated 11th August 2016 saying that the claimant should be changed to Asset Link. Again, he was perplexed as he assured me that no one can change a claimant on a CCJ without it going before a judge - and without the defendant being made aware of such a change. Has anyone come across this before and can I fight this to find out if Asset Link have a legitimate right to the debt - or that Lloyds could sell it under the original agreement?

I'm happy to carry on paying the 25/month but feel that someone somewhere is not doing their job properly and I should have been notified of any change made to the CCJ by the court.

I'd welcome your expert thoughts on this.

Thanks,

Jon

[R0b]

Re: Please Help - Debt Sold on With CCJ - Court Changed Records?

I've never heard of a CCJ being assigned before and because the judgment was given in favour of the LTSB who were the Claimant's at the time, then that will still stand. The CCJ will not be in the name of Asset Link so I would expect that they need permission from the Court to vary the order and swap out LTSB for Asset Link as the Claimant. If LTSB has already got judgment and you are paying, why would they want to assign the judgment!?

If would be helpful if you could post up the letter from LTSB without personal info so we can inspect it further because that is strange.

[midastouch69]

Re: Please Help - Debt Sold on With CCJ - Court Changed Records?

That's just it Rob - Northampton court emailed me a copy of the judgement when I phoned a couple of days back and it shows that Asset Link are the oiginal claimants. Yet they only bought the debt in June of this year? On the physical judgement I received back in 2011, LTBS are the claimants. I'll upload the notice of assignment letter and the CCJ emailed to me in a jiffy. Personal details will be hidden.

[midastouch69]

Re: Please Help - Debt Sold on With CCJ - Court Changed Records?

I can't upload the Judgement that was emailed as it's a PDF file and I can't edit it to delete my personal details. But here are the letters of assignment that were sent to me.

[Kati]

Re: Please Help - Debt Sold on With CCJ - Court Changed Records?

I can't upload the Judgement that was emailed as it's a PDF file and I can't edit it to delete my personal details. But here are the letters of assignment that were sent to me.

if you email it to me I can edit it for you xx

[midastouch69]

Re: Please Help - Debt Sold on With CCJ - Court Changed Records?

Thanks Kati - sending it now. Title - MIDASTOUCH CCJ

[Kati]

Re: Please Help - Debt Sold on With CCJ - Court Changed Records?

Got it

[Lowry1234]

Re: Please Help - Debt Sold on With CCJ - Court Changed Records?

I called Northampton today and I have had the same response Northampton Claiming Assst Took me to Court...they say debt is to Lllpyds but Assest are the claimants ??? what should we do

[midastouch69]

Re: Please Help - Debt Sold on With CCJ - Court Changed Records?

It looks like Lloyds have sold a bulk lot of CCJ debts to Asset Link - all carrying the same date of assignment 29th June 2016. These CCJ's have been changed in mass by Northampton CC. I made a complaint to the court as I felt that CPR procedure hadn't been followed. Here is the reply I received yesterday by email from the court:


Claim Number:
Complaint Ref:

Dear Mr,

I am writing in response to your email dated 24th August 2016. I am a Team Leader at the County Court Business Centre (CCBC) and as such have completed a thorough investigation into the points raised in your email.

Civil Procedure Rule 19.4 (5) is as follows:

(5) An order for the removal, addition or substitution of a party must be served on –
(a) all parties to the proceedings; and
(b) any other person affected by the order.

The CPR does not state that it must be the Court that provides notice, as you have stated in your email. It only states that the order must be served to all parties.

The Judges Order which granted the amendment, included the following direction to the claimant (applicant):

The Applicant be responsible for carriage of this order to the defendants of the various claims noted in the schedule.

If the claimants have forwarded you a copy of the “General Form of Judgment or Order”, then the Judges Order and CPR have been adhered to.

If you believe the claimants have failed to adhere to the Judges Order, you are at liberty to submit an application to the court to have the judgment set aside. The application would be put before a judge, who will make a decision based on the details of your application, and evidence provided by the claimant.

There are 2 ways you can make such an application. You can make an application “without hearing” where a judge will review the information provided by both parties and make a decision. Or, you can make an application “with hearing”, where both parties will have the opportunity to be present and argue their points, before the Judge makes their decision.

The fees for having these applications processed are as follows: £100 without hearing / £255 with hearing. Whether it is with or without hearing, your application should be submitted on an N244 general application form, which you can download from the following link: http://hmctsformfinder.justice.gov.uk/H ... mFinder.do. Please note that payment of the fee does not guarantee that the Judge will grant your application, it is an administration fee only.

Your completed application and fee should be posted to the address below (cheques & postal orders should be made payable to HMCTS):

County Court Business Centre
St Katharines House
21-27 St Katharines Street
Northampton
NN1 2LH

I hope the above adequately explains the handling of your case by the County Court Business Centre, and clearly advises you of the possible courses of action available to you. If you remain dissatisfied with the administrative handling of your case by the CCBC you have the right to refer your complaint in writing to Mrs C Brown, the Operations Manager, at the following address. St Katharines House, 21-27 St Katharines Street, Northampton, NN1 2LH


Yours Sincerely



Ben Battisson
Team Leader
County Court Business Centre
HMCTS

[Lowry1234]

Re: Please Help - Debt Sold on With CCJ - Court Changed Records?

Court fees...isn't there a system for low income not to pay fees?
reading the response it seems a bit of lip service.....
can they ask for more monthly payments so late in the period of the CCJ

[charitynjw]

Re: Please Help - Debt Sold on With CCJ - Court Changed Records?

https://kerryunderwood.wordpress.com...nd-remissions/

[midastouch69]

Re: Please Help - Debt Sold on With CCJ - Court Changed Records?

If you're on benefits or low income, you can get your court fees waived - BUT I would hold fire on this for now until someone with more expertise chips in with their advice. My CCJ is 6 years old next March and I know that yours is coming up to 6 years even sooner. I believe that enforcing a judgment after 6 years is not easy? They certainly can't ask for an increase in payments without applying to the courts - let them try. At my current income level, the court will probably reduce my payments.:tinysmile_twink_t2:

[Lowry1234]

Re: Please Help - Debt Sold on With CCJ - Court Changed Records?

Time limit for actions to enforce judgments
(1) An action shall not be brought upon any judgment after the
expiration of six years from the date on which the judgment
became enforceable.
(2) No arrears of interest in respect of any judgment debt shall be
recovered after the expiration of six years from the date on which
the interest became due.

not sure how this works if you have paid the monthly amount set by the court

[midastouch69]

Re: Please Help - Debt Sold on With CCJ - Court Changed Records?

Time limit for actions to enforce judgments
(1) An action shall not be brought upon any judgment after the
expiration of six years from the date on which the judgment
became enforceable.
(2) No arrears of interest in respect of any judgment debt shall be
recovered after the expiration of six years from the date on which
the interest became due.

not sure how this works if you have paid the monthly amount set by the court

Indeed - that's the important point.

[Amethyst]

Re: Please Help - Debt Sold on With CCJ - Court Changed Records?

Sorry to butt in, little point, the Judgment is for £125 a month ( which would have taken 4 yrs + a bit for the 8% stat interest )

But you've been paying £25 a month ? ( from your first post)

Just wondering if there was a redetermination of the judgment after the judgment order you've posted up?

And no Asset Link should have applied to the court for change of ownership of the CCJ and you should have been informed.

6 years is for enforcement - you've been paying by installments so no need for enforcement. If Asset want to enforce now via a different method ( maybe arguing you've been paying £100 too little a month???) then they will have to explain to the court why they have done nothing until now. Judgments don't become statute barred, whether being paid or not, but enforcement is harder the further away from judgment date they let it get.