CCJ on credit report

[Mikejleeds]

I have recently asked for a report on experian and was amazed to find a CCJ which i knew nothing about. The strange thing is that it was a joint judgement as it was a joint debt with my partner and it does not appear on my partners report which was requested at the same time. I am also sure that during the crossover from my old DMC ( DCM money solutions in administration) and my new company there were no payments made but i have heard nothing. The debt is being dealt with by solicitors in Banbury ( SE ) and i have heard nothing from them at all. Anyone make any sense of this and what action if any i need to take bearing in mind that I am now redundant and will not be able to make payment on this CCJ even if i knew how much the order was for, and the consequences of non payment?

[Undercover Elsa]

Re: CCJ on credit report

Hi Mike,
What year was the CCJ and have you changed addresses since it was issued?
Consequences of non payment depend on your circumstances...mainly whether you own your own home, in which case they'd probably go for a charging order, or if you were employed attachment of earnings etc etc if you refused payment. However you could ask the judge to look at your financial circumstances and set suitable instalments.
However as you know nothing of this and they are not contacting you about it, might be best to let sleeping dogs lie.
After 6 years they would have to apply back to the court to be able to enforce it, and show good reason for the delay.
If you haven't moved house, or have moved but informed all your creditors but didn't receive the summons, then if they come after you you could apply to have it set aside.

Shep x

[Mikejleeds]

Re: CCJ on credit report

The CCJ was recorded as 21/4/2010 at Banbury Court. I have a notice of transfer of proceedings from Norwich County Court dated 29/4/2010 stating that the claim has been transferred to Leeds County Court for enforcement and I have had no more contact from anyone other than a confirmation letter from my new DMC that the solicitors dealing with payment have accepted an offer of £153.86 per month. This is a pro rata amount from £450 monthly payment to 4 other creditors ( my DMC do not charge a fee).My previous DMC were paying £76 per month (allegedly) up to their demise in early 2011. There was definitely a period of non payment until the new arrangement was made but I never heard from anyone. The problem now is that i am redundant with no income and unable to pay any creditors. I also have another CCJ which i knew about and i have all the details of that and am paying £34 per month independantly of the DMC on a standing order. ( i doUbted my old DMC so decided to deal with that one by myself). I am a homeowner so charging orders etc etc are a possibility. I really am not sure what to do next.

[MrsD]

Re: CCJ on credit report

so were the new DMC paying 153 per month? to this CCJ before or after it had been to court?

[Undercover Elsa]

Re: CCJ on credit report

Sorry Mike, could you just clarify...I'm a bit confused here as I understood you knew nothing about it before looking at your credit report, but if I'm reading it right you are already paying £153.86 via your DMC to the solicitors handling the CCJ? But will be unable to continue due to your redundancy..have I got that right?

Have you informed your new DMC of your redundancy?

[Mikejleeds]

Re: CCJ on credit report

No sorry I knew about the account but wasnt aware it had got to CCJ stage, i thought it was just being dealt with on an agreement like the rest. I have told my DMC about the redundancy, but they have told me that the minimum they can accept is £80 per month. I dont think i will be able to afford even that unless job situation changes.

[Mikejleeds]

Re: CCJ on credit report

The old company were paying a monthly agreement to 6 creditors. Despite this, one took out a CCJ in Oct 09 which is the one i took over payment of £34 per month and am still paying. The April 2010 one was also under agreement and once again looks like it went to CCJ. This is the one refeered to in my original post.

[MrsD]

Re: CCJ on credit report

so did you know it had gone to court?

[Mikejleeds]

Re: CCJ on credit report

The CCJ was recorded as 21/4/2010 at Banbury Court. I have a notice of transfer of proceedings from Norwich County Court dated 29/4/2010 stating that the claim has been transferred to Leeds County Court for enforcement and I have heard nothing from the courts since, so as far as i was aware it was being dealt with by DMC's on agreement. It is a joint judgement and both names are spelt wrong on the notice of transfer from Norwich CC.

[Undercover Elsa]

Re: CCJ on credit report

Looking at your UE diary, Mike, is this the Direct Line loan from 2001?

I wonder if they sent the summons direct to the DMC?

My first thoughts are to contact the court that issued the CCJ and ask for a copy of the summons and judgement. Make sure they send it to your home address (or go in person). There might be a small fee for copying.
We need to look at possibilities for a set aside.

If the DMC won't handle it any more for you, you can either go it alone with our help (many of your debts are pretty old so could well be U/E)
The CCJ's - you can either renogotiate with the sols or apply to court for a redetermination to a token amount based on your unemployment, if they can't be set aside.

Or...We do have an onboard free DMC too, if you wish I could try and get hold of him to look in, but he is very busy.
You need to get started on sending CCA requests to the pre 2007 debts without CCJ's..let's see how many of those we can get off your back.

Don't worry, we'll get you sorted out one way or the other

Shep x

[Mikejleeds]

Re: CCJ on credit report

Yes its the Direct Line one. I reckon that with payments its now down to £4600. I'm a bit confused as which court to write to. It says banbury for the judgement on Credit report. Norwich sent a notice of transfer for enforcement to Leeds. I wonder if Leeds didnt do any more with it ? Who do i write to ?

[Undercover Elsa]

Re: CCJ on credit report

Hmmm Leeds, I would have thought. But if you ring the Banbury court with the ref number they should be able to track it down. Before that though, you could try ringing the DMC you were with when it was issued, and ask if they dealt with it direct, and if so could you have copies of the summons and judgement.

[MrsD]

Re: CCJ on credit report

how can aDMC deal with a court case and not tell you, I'd be reading the riot act there just for a start

[Mikejleeds]

Re: CCJ on credit report

There is no chance of getting any info from the time of issue as the DMC (DCM moneysolutions of Nottingham are in administration and they destroyed all paperwork before leaving their premises). It gets worse !!!!

[Riz]

Re: CCJ on credit report

how can aDMC deal with a court case and not tell you, I'd be reading the riot act there just for a start

Because it was this bunch of crooks.