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

[midastouch69]

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

Apparently not - which I find incredible. The new claimant [Asset Link] should have informed all the defendants in the bulk order according to the earlier communication I had with the court and posted on page 1 of this thread - although looking at the order I've just posted on post #29, there's no mention of this? Not sure what the next step should be here? The order is dated 17th August so applying to have this set-aside may not be viable given that it's been more than 7 days? [despite not being told about it].

[Lowry1234]

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

I noticed the order says BULK application..so mine will be In that pile of BULk.....I have not changed my standing order and I am still paying LLOYDS...
shoudl it be reported to the FINANCIAL O!BUDSMAN AS non of the bulk have been informed

[Amethyst]

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

It is still quite soon after the bulk transfer - not sure how long they have, but your 7 days to object shouldn't start until service of the order. Bulk transfers do happen a lot - it's just companies shifting about debtors/assets etc really.

Keep paying Lloyds until Asset inform you formally of the transfer of the judgment and give you the details how to pay them.

I don't believe you have any reasons to object to the transfer.

[midastouch69]

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

Asset have no doubt bought this debt for pennies on the pound. Why the hell should I pay someone I have had no contract with - and pay them many times more than what they acquired the debt for? I've asked Asset for proof of assignment and a statement of my account with LTSB along with the original loan contract. They replied to me on the 29.7.16 asking for 30 days to provide the documents asked for - have yet to receive anything. If they can't prove to me that they own this debt, how can the court just allow them to take over this CCJ without proving to them the same? Seems really wrong to me.

[R0b]

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

Maybe I am being pedantic but it does specifically state various claims not judgments and that is further qualified by paragraph 2 which says the claims must be amended/re-served on the defendants. Judgments and ongoing claims are two different things, so in my mind, that does not cover you otherwise I would be asking to see the Schedule and see if you are on it.

[midastouch69]

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

Rob - you say judgments and claims are two different things, yet Asset Link are now named as the claimant on my judgment? I'm really trying to understand all of this and feel that I've had no chance to question this action. If you were to contact me by letter saying that you bought my debt from LTSB and have asked the court to amend the CCJ on file, I would expect the court to at least ask to see evidence of the sale? This bulk order just shows that a judge has not even looked at the cases individually - seems very wrong to me.

[R0b]

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

They should or ought to provide you with the Schedule referred to in the Order (the Court should have it on file?).

A CCJ is final whereas a claim is still ongoing. The Order says the various claims in the name of Lloyds Bank be changed, and on reading the second paragraph again it actually says re-service or amendment to the claims are deemed to have been done.

It could be argued that the order was meant to include all claims as well as CCJs but it merely refers to claims only and not CCJs. At the very least you should have the Schedule to verify that your claim is on the list and they haven't just changed all of Lloyds claims.

[midastouch69]

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

Thanks Rob. I've contacted the court to ask them for a copy of the schedule.

If Asset Link were to enforce this CCJ, what would be the process? Would I receive notice of the intended enforcement and would the courts just allow enforcement without going before a judge? This CCJ is nearly 6 years old if that has a bearing.

[midastouch69]

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

I thought I'd just add an update.

Even though there is a CCJ attached to this debt, it is nearly 6 years old and I've paid the [new] claimants nothing in that time.
I contacted Asset Link with a CCA Request which they have failed to deliver on - despite contacting me saying they would do so within 30 days.

Their solictors [Kearns] got a similar letter from me saying that I refuse to pay them anything until they can prove that assignment was done legally and within the terms of my agreement with Lloyds.

Kearns have now responded and told me that they have contacted their clients to get a copy of the agreement and deed of assignment [their words] and will send me a copy of both once they've received them.

We'll see.

[nemesis45]

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

I thought I'd just add an update.

Even though there is a CCJ attached to this debt, it is nearly 6 years old and I've paid the [new] claimants nothing in that time.
I contacted Asset Link with a CCA Request which they have failed to deliver on - despite contacting me saying they would do so within 30 days.

Their solictors [Kearns] got a similar letter from me saying that I refuse to pay them anything until they can prove that assignment was done legally and within the terms of my agreement with Lloyds.

Kearns have now responded and told me that they have contacted their clients to get a copy of the agreement and deed of assignment [their words] and will send me a copy of both once they've received them.

We'll see.

Debt subject to a CCJ d not become " statute barred" the CCJ is removed from public records 6 years after the judgment date.
The claimant and or the solicitors have no obligation now to provide any documents, the judgment supersedes the original agreement totally.

You may well provoke the claimant into taking action to enforce the judgment.

nem

[midastouch69]

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

Of course Nem - there is that risk. But I am adamant that a CCJ cannot just change hands without proof of assignment being shown - at least to a judge. If they go for enforcement I shall look forward to seeing them in court to prove same.

[Lowry1234]

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

Just read NEM message can they enforce the CCJ after six years? mine 6yrs is up now ....and I am still paying LLOYDS monthly although asssts have bought the debt...
asset are not chasing my standing order is with LLOYDS although mine has been trans like Midas post

[R0b]

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

Just read NEM message can they enforce the CCJ after six years? mine 6yrs is up now ....and I am still paying LLOYDS monthly although asssts have bought the debt...
asset are not chasing my standing order is with LLOYDS although mine has been trans like Midas post

There is no limitation period on enforcing a CCJ in the same way as bringing a claim for judgment. There have been cases where the council has enforced a CCJ over 10 years after it initially obtained judgment. I believe if they try to obtain a writ then they need permission from the court if the CCJ is over 6 years but you could still challenge the enforcement as to why its taken so long, especially if there is a change of circumstances where you cannot afford to pay.