CCJ with CO but no payment order

[Never-In-Doubt]

Re: CCJ with CO but no payment order

Would the fact the debt has been sold on have any effect?

I did a bit of research on this when I got my knickers in a twist about it and the new owner would have to register the CCJ in their name via the court at a cost.

Hence why in my case the new owner is leaving the original solicitor to take the money and hassle us.

Seems a logical explanation....

[julian]

Re: CCJ with CO but no payment order

From a wander around the Internet,it seems that a CCJ is not registered until there is enforcement the CO does not count as enforcement.

If there is a payment plan, attachment of earnings etc. together with a CO then the payment counts as enforcement and the CCJ is registered.

[ken100464]

Re: CCJ with CO but no payment order

Well that seems a pretty pointless exercise by the OC then in your case.

They have a CO which is a restriction really and doesnt seem to be worth the paper its written on.

Because they havnt been able to enforce? then the CCJ hasnt been registered.

Now its been sold on the DCA has to pay the court to register the CCJ that isnt registered. Therefore its even less likely the DCA will want to shell out to register it at all.

Blimey you couldnt make that up could you.

And perhaps thats why you were getting settlement offers.

Because they knew they had made a big mess of it.

[julian]

Re: CCJ with CO but no payment order

I hope I don't end up being screwed because they want to make a point.

SO if I start to make any payment I will end up in enforcement land and liable to registration. If I don't, who knows???????

[julian]

Re: CCJ with CO but no payment order

Just 'been selected' to receive an offer of 33% off for full payment and my debt marked 'satisfied'

As the debt has been added to since judgement at about £250 per year and includes ludicrous court costs, even with 33% off it is more than I could not pay then.

If I do not take up their offer, 'our client may proceed to further action which may include' attachment of earnings/warrant of execution/3rd party debt order/bankruptcy. Alternatively if I am not liable or have mitigating circumstance to contact them.

I believe that for any further action they would need to go to court. The OC did not have the documentation to support his claim (I was naive and I did not know to ask - they trampled all over me).

Is it likely that if taken to court the CCJ could be overturned?

Does this count as activity for/against the SB on CCJ - 12 years I believe?

[ken100464]

Re: CCJ with CO but no payment order

Julian

Just out of interest who is your tormentor.

We just had a 25% off offer this morning. Thats the second time they offered it but if we dont accept they threaten to eat our children. Before we had a 20% offer.

We are just going to ignore.

We would be happy to go to court as there is so much wrong with this account now we seen the light on here.

[julian]

Re: CCJ with CO but no payment order

Probably the same as yours. From somewhere Up North.

As you are happy to go to court, what are you expecting? e.g. to have the CCJ overturned? Is there evidence that this happens?

I think I'll just wait for more threats to add to my bag of cr@p. being sent to my MP, to try and get some real regulation into usury.

[ken100464]

Re: CCJ with CO but no payment order

Have been told its unlikely at the moment but there are things going on in the background.

My MP is involved also.

In our case we paying so cant see a judge being overly impressed they want another bite at the cherry so to speak.

So I see these letters as threatograms trying to get us to bite. Nothing more. Unpleasant but thats all.