Bluemonday 3 Unenforceability Diary

[Bluemonday3]

20/6/22
After receiving many letters from Cabot asking me to get in touch (apologies for not keeping this up to date, have lots of personal stuff going on) Cabot have now passed onto BPO.
They have offered for me to clear the debt by halving it!

[The Tech Clerk]

usual hi to you. see what happens next

[Bluemonday3]

Hi there, thank you.. just wish they would all go away!

[Bluemonday3]

Birmingham Midshires -loan The FOS have now picked this case up but I am not sure how far this will go as they tell me it is not within their jurisdiction re the CCJ, but they have offered they will do their best to try to get some answers for me.

[The Tech Clerk]

they will not overide a court case result, but be interesting if they can achieve anything? not in my case.

[Bluemonday3]

I just want BM to leave me alone, they have a charging order, they are receiving the 'contractual' payment (even though I have been told this no longer applies) and a small amount to the arrears.. not really sure what else they want from me and especially after all this time that they have been satisfied with what I have been doing..it's almost like they have no idea of the history of this account and are starting again!

[Still Waving]

I just want BM to leave me alone, they have a charging order, they are receiving the 'contractual' payment (even though I have been told this no longer applies) and a small amount to the arrears.. not really sure what else they want from me and especially after all this time that they have been satisfied with what I have been doing..it's almost like they have no idea of the history of this account and are starting again!

As part of the CCJ, did the court set a monthly repayment you should make?

[The Tech Clerk]

if court (they do usually) set an amount then thats it, if any changes they have to apply to court to ask and prove why? change to repayments. sound like some office jockey is trying to be clever (not). some of these office jockeys need a lesson, did advise one once they ignored but a carefully reminder and heard no more.

[Bluemonday3]

The court set a payment of £41.54 per month, which is what Stepchange set when I entered a DMP. (I had wanted to keep this creditor separate as the loan was taken along side my mortgage when I made a further huge mistake in my panic to clear my debts but Step change would not allow this.)
I have never been taken back to court to vary this and a charging order was obtained even though I kept up with CCJ payments (NDL states this is some strange hybrid CCJ that allowed this??)
All this has started up again since BM changed their banking systems and wanted me to make one payment for my mortgage and loan. I knew this would happen and I questioned this at the time.now
Up to this happening, BM had pretty much left me alone, and now they are pursuing me again.

[The Tech Clerk]

as from 2012 I believe was the date a charging order can be applied for amounts over £1000., a dirty lenders/government agreement, (just to get more coffers in justice account) urggggggggg use to be over £10000 if I remember correctly

[Still Waving]

When I was on a DMP, one of my creditors (ironically with several larger ones ahead of it) obtrained a ccj and charging order regardless. You can imagine how this angered me, and I appealed. The judge sort of tut-tutted at what they had done, but let it stand anyway.

Subsequently I discovered AAD and - long story short - never paid another penny to any creditor, and all are now statute barred. So in a roundabout way, that creditor did me a favour. They got paid, but nobody else did.

[Bluemonday3]

It was 2010 when the CCJ and subsequent charging order were obtained.
On another note.. Cabot have instructed BPO to pursue me, I will update my diary accordingly, they have done this before and then took it back!

[Timewilltell]

Perhaps they are aggrieved that the money you are paying is now 10% less worth due too inflation!!

[Bluemonday3]

Most likely! To be honest part of my complaint is that they have left me alone for years and then started up again due to changing their computer/payment systems, which led to them supposedly sending the account to the 'sensitive' team for specialist handling and they also made me increase the payment to the arrears, even though my I & E showed that I could not afford to increase!

[The Tech Clerk]

Colin G Quinn may comment