jonesyd UE Diary

[jonesyd]

Re: jonesyd UE Diary

Yes, they issue indiscriminately. After judgement, enforcement action is more likely if you are a home-owner, as they have a better chance of recovering their costs.

Even more interesting. Apologies in advance if I'm asking a stupid question, but are there any studies which breakdown (by percentage) the volume of CC cases? What I'm getting at is: how much of the UK CC case load is driven by financial institutions processing their bad debts "indiscriminately"?

[Never-In-Doubt]

Re: jonesyd UE Diary

Seriously, I'm not worried any more so much as interested in the processes.

The process is quite simple....

1. You stop paying for whatever reason
2. The creditor usually sells the account to a DCA
3. The DCA usually sells the account to another DCA and so on....
4. Around year 5 the DCA in charge will usually assess things and do a land registry check / check if you have assets
4a. If no assets they'll likely continue to hassle you via letter and may / may not issue a claim (CCJ) - if you ignore them and a claim is issued the worse case scenario would be a CCJ. That would stay for 6 years and then disappear from Trust Online / CRA's. However it doesn't vanish / go SB. Instead the CCJ owner would need to apply to the court as to why they'd not enforced it earlier. Then it's down to the judge on the day - but with a good solicitor you'd likely stop any action after a few years if they tried it on. It's unlikely they'd ever attempt to enforce a CCJ if you never replied to the claim and have never responded to them in several years and weren't a homeowner. In essence it'd just go away naturally.....
4b. If you were a homeowner they would try and get a CCJ and then apply for a Charge against the property purely to protect their judgment. If you sell your house then the charge must be paid after any mortgage / other first charges already present before the judgment.

That is about it - covering most scenarios in a very basic layman explanation.

[Never-In-Doubt]

Re: jonesyd UE Diary

Even more interesting. Apologies in advance if I'm asking a stupid question, but are there any studies which breakdown (by percentage) the volume of CC cases? What I'm getting at is: how much of the UK CC case load is driven by financial institutions processing their bad debts "indiscriminately"?

Who knows / cares

[jonesyd]

Re: jonesyd UE Diary

aaaaaa

[jonesyd]

Re: jonesyd UE Diary

The process is quite simple....

1. You stop paying for whatever reason
2. The creditor usually sells the account to a DCA
3. The DCA usually sells the account to another DCA and so on....
4. Around year 5 the DCA in charge will usually assess things and do a land registry check / check if you have assets
4a. If no assets they'll likely continue to hassle you via letter and may / may not issue a claim (CCJ) - if you ignore them and a claim is issued the worse case scenario would be a CCJ. That would stay for 6 years and then disappear from Trust Online / CRA's. However it doesn't vanish / go SB. Instead the CCJ owner would need to apply to the court as to why they'd not enforced it earlier. Then it's down to the judge on the day - but with a good solicitor you'd likely stop any action after a few years if they tried it on. It's unlikely they'd ever attempt to enforce a CCJ if you never replied to the claim and have never responded to them in several years and weren't a homeowner. In essence it'd just go away naturally.....
4b. If you were a homeowner they would try and get a CCJ and then apply for a Charge against the property purely to protect their judgment. If you sell your house then the charge must be paid after any mortgage / other first charges already present before the judgment.

That is about it - covering most scenarios in a very basic layman explanation.

Superb description, thanks!

[jonesyd]

Re: jonesyd UE Diary

Who knows / cares

Just that if it is more than, say, 50% of the national CC case load then it seems very much like a state-subsidised debt processing system for financial institutions.

And that rankles, a bit ...

[Never-In-Doubt]

Re: jonesyd UE Diary

Just that if it is more than, say, 50% of the national CC case load then it seems very much like a state-subsidised debt processing system for financial institutions.

And that rankles, a bit ...

Yes but regardless we can't do anything about it......

The Courts nowadays refuse to issue FOI data confirming breakdowns of cases plus, it's not recorded that way. For instance a money claim is just that - a money claim. The courts don't know / record the details of the original debt so wouldn't know if it was a CC or loan. It's recorded as a value of money - the whereabouts as such isn't recorded.

What they used to do was provide info on how many claims were processed and a breakdown in monetary value (ie claims under £10k and claims over £10k).

Your question really makes no sense - ie what difference would it make - regardless?

[jonesyd]

Re: jonesyd UE Diary

Yes but regardless we can't do anything about it......

The Courts nowadays refuse to issue FOI data confirming breakdowns of cases plus, it's not recorded that way. For instance a money claim is just that - a money claim. The courts don't know / record the details of the original debt so wouldn't know if it was a CC or loan. It's recorded as a value of money - the whereabouts as such isn't recorded.

What they used to do was provide info on how many claims were processed and a breakdown in monetary value (ie claims under £10k and claims over £10k).

Your question really makes no sense - ie what difference would it make - regardless?

Just pure curiosity ...

[Never-In-Doubt]

Re: jonesyd UE Diary

Just pure curiosity ...

Now where's that bloody cat gone......

[jonesyd]

Re: jonesyd UE Diary

Yes but regardless we can't do anything about it......

The Courts nowadays refuse to issue FOI data confirming breakdowns of cases plus, it's not recorded that way. For instance a money claim is just that - a money claim. The courts don't know / record the details of the original debt so wouldn't know if it was a CC or loan. It's recorded as a value of money - the whereabouts as such isn't recorded.

What they used to do was provide info on how many claims were processed and a breakdown in monetary value (ie claims under £10k and claims over £10k).

Your question really makes no sense - ie what difference would it make - regardless?

Just pure curiosity ...

[BuzzyBee]

Re: jonesyd UE Diary

Thanks Buzzy - can you point me in the direction of the new regs? I'm guessing they were introduced as a result of all the press there seems to have been over the last few years about bailiffs turning up at wrong addresses/for the wrong people, etc, etc.

http://www.legislation.gov.uk/uksi/2...ulation/6/made

The entire process was a sorry mess and no-one knew what the right procedure was. Bailiff companies took full advantage of the confusion.

Regs 6-8 refer to the notice that must be given.

[BuzzyBee]

Re: jonesyd UE Diary

Hi NID. That's interesting - is it "extremely rare" only in the case of credit card companies/banks (or their agents)? And, if so, is that down to the fact that those groups process such large numbers of cases of CCJs?

It used to be extremely rare for bailiffs to be used to enforce CCJs and most bailiff action still relates to unpaid council tax, court fines, parking penalties, etc. rather than consumer credit debt, however, the last year or so has seen an increase in judgment creditors using bailiffs to enforce their judgments when the debtor either doesn't keep up their agreed instalments or when they've failed to make any arrangements to repay the CCJ, for example, when the debtor is unaware that the creditor has obtained default judgment. This could well be a result of the new regs, whereby the debtor has to be given notice prior to a visit. In most cases, what the creditor is after is some sort of repayment rather than the actual goods, so the creditor applies for a warrant, the debtor gets a notice of enforcement and immediately attempts to make an arrangement with the creditor to repay the debt. The creditor accepts the proposal and the bailiffs never actually get involved. Job done. It should be noted that the courts will not issue a warrant if the debtor is making their agreed repayments.

Yes, they issue indiscriminately. After judgement, enforcement action is more likely if you are a home-owner, as they have a better chance of recovering their costs.

That would be to apply for a charging order, however, because the charging order only secures the debt against property, it doesn't preclude using another method of enforcement such as bailiffs or an attachment of earnings order. AoE applications are quite common whenever judgment debtors don't make payments, provided they are employed in the UK.

That wouldn't affect you - you are not a UK citizen and have no intention of being one!

Stop getting so hung up on things that will never happen. In all my years of helping debtors I have never once heard of a single case where a bailiff has turned up at a debtors house for non payment of a consumer credit debt / subsequent ccj.

Actual bailiff visits for CCJs are very rare, but nowadays it's not that rare for judgment debtors who are not making any payments, to receive at least notice that a warrant has been applied for, even if it doesn't go as far as the bailiffs turning up.

[jonesyd]

Re: jonesyd UE Diary

http://www.legislation.gov.uk/uksi/2...ulation/6/made

The entire process was a sorry mess and no-one knew what the right procedure was. Bailiff companies took full advantage of the confusion.

Regs 6-8 refer to the notice that must be given.

Thanks Buzzy for the all the info. That whole grey area for bailiffs is one of those things that as soon as it becomes regulated, it seems astonishing that it ever was allowed not to be!

[Never-In-Doubt]

Re: jonesyd UE Diary

however, the last year or so has seen an increase in judgment creditors using bailiffs to enforce their judgments

Can you please provide evidence of this statement?

I don't mean links to threads on other forums, I mean court cases and links to Bailii.

Thanks

[BuzzyBee]

Re: jonesyd UE Diary

Can you please provide evidence of this statement?

I don't mean links to threads on other forums, I mean court cases and links to Bailii.

Thanks

Bailii only has the judgments themselves, any enforcement action taken afterwards is not recorded on that site, those records would only be available from the courts themselves.