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2 CCJ's for the same debt !!! HELP !!


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Is it possible to have 2 CCJ's for the same debt?

 

I have checked my credit record and I have.... albeit one for less than the newer one. (obviously added interest and charges on the newer one)

 

I have applied to the court for copies of the earlier one.

 

What on earth do I do if it is for the same debt? apply to have the newer one set aside?

 

Please help lickle ol me !!

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Is it possible that the 2 CCJs are for the same debt?
legally there isn't anything stopping a creditor from going for more than one CCJ so e.g. you have a £10k loan and are £2k in arrears they could in theory go for a £2k CCJ for the arrears then £8k CCJ separately for the rest.

 

This obviously has an impact on your CRF ie 2 CCJs worse than 1.

 

I would get the information form the court & post back as if it's a duplication rather what I have said above there may be other options

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legally there isn't anything stopping a creditor from going for more than one CCJ so e.g. you have a £10k loan and are £2k in arrears they could in theory go for a £2k CCJ for the arrears then £8k CCJ separately for the rest.

 

This obviously has an impact on your CRF ie 2 CCJs worse than 1.

 

I would get the information form the court & post back as if it's a duplication rather what I have said above there may be other options

 

I am sure TomTerm8 found some court guidance preventing the above scenario happening.

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I am sure TomTerm8 found some court guidance preventing the above scenario happening.

 

I would be interested to hear about it as I must admit I thought the opposite ( although would be happy to be proved wrong on this one! ). I will do some digging and post back...

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I am sure TomTerm8 found some court guidance preventing the above scenario happening.

 

No, I didn't. I found a section that prevents dividing the cause of action; in powells case, there are two seperate causes of action (arrears of £2,000, then a new cause of action on £8,000 if you make a further breach of contract).

 

if a default has been issued and you owe ALL the money, doing two seperate legal actions would divide the cause of action, and be unlawful.

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i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I've been digging around as well - in the scenario I outlined there isn't anything in the CPRs expressly saying the creditor can't take 2 sets of action. However you could still argue under the overriding objective that the creditor should be looking at ways to minimise court action.

 

So for example you may not be able to defend the claim but you could argue against costs being added...

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I'm sorry but Vexatious litigation springs to mind....

 

 

Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may bring down sanctions on the offender.

 

Repeated and severe instances by a single lawyer or firm can result in eventual disbarment.

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I'm sorry but Vexatious litigation springs to mind....

 

 

Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may bring down sanctions on the offender.

 

Repeated and severe instances by a single lawyer or firm can result in eventual disbarment.

 

It is rather hard to prove vexatious harassment where an action has been brought successfully.

 

we need a cooy of the particulars of claim to determine whether their action was lawful.

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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I never mentioned 'vexatious harassment'...something totally different in Jurisprudence.

 

Whereas 'Vexatious litigation' is explained within the first paragraph of my post..."legal action which is brought, regardless of its merits, solely to harass or subdue an adversary".

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I never mentioned 'vexatious harassment'...something totally different in Jurisprudence.

 

Whereas 'Vexatious litigation' is explained within the first paragraph of my post..."legal action which is brought, regardless of its merits, solely to harass or subdue an adversary".

 

How would you go about proving that after they won the case they brought?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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MMMmmm...depends on how good the Barrister is :)

 

I don't think there is a lawyer that good on the planet - but if there is, can you send me his address?

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Tormterm...maybe you could answer this.

 

A creditor defaults you and subsequently enters a judgement, which is granted. Should the judgement automatically clear the default off the credit file?

 

Before i new of CAG i got a CCJ from NEXT after they defaulted me. The default is on there being updated monthly (the figure is being reduced by the payments i am making via the CCJ) But the CCJ is also listed ...is this right, shouldn't there be just one or the other?

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Tormterm...maybe you could answer this.

 

A creditor defaults you and subsequently enters a judgement, which is granted. Should the judgement automatically clear the default off the credit file?

 

Before i new of CAG i got a CCJ from NEXT after they defaulted me. The default is on there being updated monthly (the figure is being reduced by the payments i am making via the CCJ) But the CCJ is also listed ...is this right, shouldn't there be just one or the other?

 

I think I can answer this Yaffsimone - The default is a legal requirement under CCa 74 Regs which means that once you default on it the creditor has the option of taking further action against you ie county court. The CCJ is a separate thing as it's judgement entered by the court aginst you.

 

So effectively they are 2 separate things ( albeit relating to the same credit agreement ) and will show on your CRF for 6 yrs from the date issued.

 

I understand where you are coming from though - it's like 2 black marks for the same thing...

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