Selling house - CCJ

[Colin G Quinn]

Hi,

As has been said by others, Moorcroft may have likely taken over 'management' of the matter, but they are highly unlikely to have taken assignment as creditor. Are you entirely certain RBS still 'own' the debt, given Moorcroft are instructed? (If you are paying under Court Order there is a question as to whether anyone should be contacting you at all, something I will address below.)

That is an important point, as if there has been an alleged assignment, even though you think you are, and may be, forwarding payment to RBS, they would have a duty under the said assignment to forward your payments on to any assignee. Assignee debt purchasers often obtain Interim Charging Orders, and then Final Charging Orders, but do not habitually register the Final Charge until it suits them, as it comes at a cost to them (albeit a spit in the ocean to what they recoup on a daily basis). Whatever you do, don't ask the question at this stage.

From my understanding, you have a Judgment order that orders you to pay £1 per month. Are you certain the Judgment order is a default Judgment order? I only ask as it is highly unlikely a court will grant a Claimant Judgment in default at an awarded repayment rate of £1 per month. The standard amount payable under a default Judgment tends to be payment forthwith or £50 per month. £1 per month sounds more like a Judgment by admission, whereby you have completed and returned the Court I/E that is sent to you with the original Claim Form. If you want to send me the Judgment Order I'd be happy to review. Either way, you are complying with the Order.

I have to say, a debt for such an amount not then secured by way of a Charge by a creditor is an unusual scenario. The original Judgment Order will not refer to any Charge. That is an action and matter consequential to a Judgment being granted and in some ways linked but separate.

If you have been offered a reduced lump sum settlement, and if the debt is genuinely not secured, you definitely do not want to let anyone know you are in the sale process. That offer could, and likely would, be rescinded. You have to weigh up whether paying a full and final settlement 'gets the issue out of your hair' or whether you are happy to pay the sum the Court has ordered you to.

I would be interested to see the Judgment Order you say you have, and confirmation of the sums still outstanding, before I give you any further advice.

[Still Waving]

so would you say its highly unlikely RBS would take this to court again ? probably because of the date of the debt ?

thanks all
Tony

They would have to apply to the Court to vary or set aside the original Order (ie pay £1 per month). Don't give them any reason to think it worth their while to attempt it - by flashing cash under their nose.

[Roger]

Ok, firstly can i thank all of you who have contributed and commented, many thanks

the CCJ was by default i did not reply, my financial world collapsed at that time,
thankfully some told me about AAD and i started a diary to great success.

i have the original judgment in front of me stating i should pay £1 month, no charging order.
moorcroft have pestered me with letters offers etc and as you have all said i have not replied at all or will do in the future.

so yes i will continue with the £1 , i will make an AAD donation when i get my house sold

so would you say its highly unlikely RBS would take this to court again ? probably because of the date of the debt ?

thanks all
Tony

Well AAD have a very simply answer I suggest you email Colin or phone him !
"..I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at colin@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. Our initial advice is always free.
.."
Refer back to your AAD entry

[marling]

Ok, firstly can i thank all of you who have contributed and commented, many thanks

the CCJ was by default i did not reply, my financial world collapsed at that time,
thankfully some told me about AAD and i started a diary to great success.

i have the original judgment in front of me stating i should pay £1 month, no charging order.
moorcroft have pestered me with letters offers etc and as you have all said i have not replied at all or will do in the future.

so yes i will continue with the £1 , i will make an AAD donation when i get my house sold

so would you say its highly unlikely RBS would take this to court again ? probably because of the date of the debt ?

thanks all
Tony

[Roger]

Moorcroft don’t buy debt they administer it on behalf of someone else who owns it.
personally I’d continue to pay the £1 per month and forget about them.
Or you can opt for a FFS bit you would have to tie them down water tight before agreeing anything and that easier said than done?

The Original £13,000 would have been written off years ago and set off against Tax! It nolonger exists!!
Your punishment was a trashed Credit Rating for years!

".. 2 weeks ago - 70% off .." Moorcroft are FISHING!! to see if you will bite 30% actually after 14 years is what £3,900 or so for a Debt that nolonger exists!
As Timewilltell points out you will find that FFS is easier said than done. Opening a Can Of Worms!

(going rate on these old debts are pennies in the pound when the accounts are sold).
I can think of a great many Charities who would welcome £3,900 rather than these vultures.

The Original Debt is now a CCJ. You don't say what the terms of this CCJ were but, the simply fact that a £1 per month was accepted for 14 years suggests that no attempt was made to put a Charge on your Property. Your personal income circumstances must have been very difficult at that time!

Keep silence and pay the £1 per month and don't be tempted to open a Can Of Worms!

[Timewilltell]

Moorcroft don’t buy debt they administer it on behalf of someone else who owns it.
personally I’d continue to pay the £1 per month and forget about them.
Or you can opt for a FFS bit you would have to tie them down water tight before agreeing anything and that easier said than done?

[Roger]

".. I have a CCJ from 2007 to RBS loan who i have paid £1 month for the last 14 years, moorcroft have taken over the debt in recent years. .."

Without going into the Past but whenever I see a £13,000 on I presume an UNSECURED 2004 LOAN raises all sorts of questions over how that CCJ came to pass!
Was this contested or by default? Because I suspect YOU are the Victim here!
Was this £1 per month agreed as part of the CCJ or otherwise. Either way its been going on for what 13/14 years or so!

The biggest plus fact is NO Charge on your property!

Now lets look at your best position rather than Moorcroft!!
My first advice is actually ignore anything Moorcroft send or otherwise and NEVER COMPLETE a Income & Expenditure form!
(I used to say thankyou for writing my circumstances have change and the Standing Oder will now reduce from £1 to 50p per month!)

Because they are fishing for more of your hard earned monies! Don't take the bait!!

£1 per month for every under a CCJ is a brilliant position for you to be in! Don't rock the boat! Continue to pay never offer anything more!

The Sale of your property will bring in Capitol that is not income!
There is No reason for telling Moorcroft or otherwise, no reason to advise of change of address for instance!
Just as long as you pay that £1 per month!!
On your demise or perhaps health care etc.. whose going to pay the £1 per month because its an unsecured debt!

Put yourself and your needs first! The best advice is SILENCE and enjoy the rest of your Life £12 per annum on a £13k debt going to take over 1000 years!!

Moorcroft have brought a Debt that is costing them more in postage(s) than Income!

[marling]

thanks for your time Tech Clerk

[The Tech Clerk]

get it in writing stating any balance will not be passed on! if you are happy to get it out the way, do not mention selling home, they would ask for more if you did no doubt.

[marling]

so i am best going with a FFS you think ?

[The Tech Clerk]

asking warwick to pop in and advise. by the way CCJ never get barred until paid, may not show but they can chase.

[marling]

2 weeks ago - 70% off
dont understand post 8

thanks TC

[Still Waving]

Purely a personal view, but £1 per month is not exactly taxing so I would not be inclined to rush to pay a lump sum.

My (limited) understanding is that CCJs remain on the credit file for 6 years, so after all this time should not be appearing on yours. I believe that after 6 years the CCJ should also no longer show on the Public Register of Judgments, even if it has not been paid off.

[The Tech Clerk]

Warwick65

[The Tech Clerk]

how long ago was the offer? & how much off?