Bluemonday 3 Unenforceability Diary

[Bluemonday3]

So in the middle of all this hassle with Birmingham Midshires, I am having constant emails & text from BPO. The reference numbers do not match any I have nor does it mention who the previous creditor is or the outstanding balance, so I can't match one of them up for sure.
The other one I know is a Cabot debt as they have offered me a 50% reduction in the debt.

[Roger]

We are in a time of economic recession/inflation. There has to be a way of varying/challenging a CCJ its repayment terms

[Bluemonday3]

To be honest I am trying to keep up with 'the contractual payment' even though I have been told by NDL that this is overridden by the CCJ and I have been paying back approx £10 a month to the arrears which is approx £2200, but when I went through an I & E a few months ago, they would not accept anything below the amount that would clear the account at the end of the term!
I have complained about this but they just do what they want. This is in my complaint to FOS.

[Bluemonday3]

To update I’m very disappointed that after several months the FOS say they cannot comment on the situation with the charging order/CCJ as it’s out of their jurisdiction!
so I’m back to square one, dealing with an organisation who don’t appear to understand the history of this account!
I’m not sure if there is anything I can do now ! I’m so tired of fighting them!

[Still Waving]

https://all-about-debt.co.uk/forum/d...35#post1543835

What was the outcome of this?

[Bluemonday3]

Is this a complaint we can consider?

The Financial Ombudsman Service doesn’t have a free hand to consider every complaint
referred to it. What we can and can’t consider is outlined in the Dispute Resolution (DISP)
Rules which are set out in the Financial Conduct Authority (FCA) Handbook. In simple terms,
this means that if a complaint falls outside our remit, we can’t look at that complaint,
regardless of its merits. DISP 2.3.1 sets out the regulated activities that our service can look into.

We can generally consider complaints brought to us about regulated credit agreements. However, once an unsecured debt is subject to a CCJ the original credit agreement that it was borrowed under merges into the CCJ. The debt is then owed under the judgement, not the original contract. In other words, the regulated agreement and activity we could have considered, no longer exists. In XXX case, BM are no longer pursuing the debt under a regulated activity that we cover. But rather through the CCJ – in this instance, by obtaining a charging order.

Debts that are owed under the CCJ and by subsequent charging orders are not regulated by the FCA, and therefore do not fall within the jurisdiction of our service.
This means that I’m unable to comment on the charging order itself or whether it is fair. I can’t comment on how the charging order was applied for or how XXX has been treated by BM in their pursuit or administration of the debt under the charging order. This is because, for the reasons I’ve explained, we have no power to consider XXX concerns about BM actions.

[The Tech Clerk]

They will not intervene in a court jurisdiction case just state courts decisions

[Bluemonday3]

Thank you for responding, so am I assuming there is nowhere else to go with this.
they have the charging order, I am paying more than the amount set by the court, and still they are hounding me. I despair.

[The Tech Clerk]

If you are paying over the odds then they cannot change it without a good reason in front of a judge. Tell them if they persist then a complaint to fcA will be considered

[Still Waving]

No point now, focusing on the body which can't/won't help.

I repeat -

https://all-about-debt.co.uk/forum/d...35#post1543835

What was the outcome of this?

[Bluemonday3]

What I don’t quite understand is if the ‘contractual payment’ no longer exists due to the CCJ /charging order and the FOS have no jurisdiction as these remove the CCA then why are they still sending me arrears letters as per the CCA?!!

[Still Waving]

I give up!

[Bluemonday3]

Apologies if I am being thick here.. I just wanted to update and seek advice as this way beyond me. I have forwarded the response from FOS to Joanna C just to see if there is anything else I can do. Without going into detail, my brain is frazzled with some personal tragedies and I have no head space left!

[The Tech Clerk]

See what JC come back with try to relax for now okay!

[Bluemonday3]

Thank you