CCJ - but passed to a DCA????

[linz2011]

Hi

 

Before I found this wonderful site - A bank took a claim against me (about 6 years ago) - I filled in the forms and agreed a payment of £70 per month we I have paid and never missed. I have since found out that they have no CCA but realise nothing can be done as I filled in the form and admitted the debt.

 

However, I have today received a Notice of Assignment from YB advising the balance has been assigned to Marlin and no further payment should be made to them?? What to do do I stop paying the court order and request the CCA from Marlin or just continue paying my CCJ???

 

I know you look forward to my very unusual questions ????

 

Thanks

[42man]

Linz...similar problem here with another cagger - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/163651-debt-collection-hell-need.html

[linz2011]

Hi I have continued making my regular payment and have today received a letter saying as I am in breach of my judgement they are seeking to get an enforcement order - but I have not missed a payment???? Do I contact the court?

[palomino]

Hi I have continued making my regular payment and have today received a letter saying as I am in breach of my judgement they are seeking to get an enforcement order - but I have not missed a payment???? Do I contact the court?

 

Who was the regular payment made to?

Who has written the letter?

 

In your circumstances you need to have a quick look at the judgment. Did the order to pay £70 monthly specify exactly who to make payments to? If it says the 'claimant' then you should continue doing so. And also reply to the claimant saying you have to do this because that was what the judgment ordered. If the claimant has passed the matter to a DCA then they will have to have the judgment amended.

[linz2011]

Hi

 

I do not have a copy of the original judgement - i pay it to YB and have done for 5-6 years never missed the payment - i received a letter from marlin saying the debt had been assigned to them and now I have a letter from they solictors Morgans saying they are going to enforce the judgement as I have not paid it??

[sillygirl1]

Go back to the court and find out what has happened, they may be 'trying it on' as the CCJ will have now not got any enforcement powers with it... it has been known to happen.

[linz2011]

My only problem is it was done via northampton and I do not have a claim number or anything and they do not have a search facility???

[havinastella]

this may help

 

County Court Claims and County Court Judgments (CCJs) : Directgov - Money, tax and benefits

 

 

JOgs

[remus]

Hi I have continued making my regular payment and have today received a letter saying as I am in breach of my judgement they are seeking to get an enforcement order - but I have not missed a payment???? Do I contact the court?

 

If the letter was from Marlin, it is because YB pass the monies to them eventually, and Marlin perfer you to pay them direct! Scare tactics with no back up.

 

They have said the same to me, and I know I have been paying the original creditor on time, I am now going down the cca route with marlin.

 

Good luck

[palomino]

Remus, If a CCJ has been awarded then it supersedes any agreement. Applying for a copy of the original credit agreement might interesting but is completely irrelevant.

 

As for the judgment itself : you would have been ordered to pay the claimant a certain sum. If you then start paying someone else then the claimant would be able to claim you have breached the terms of the judgment.

If the claimant wants you to pay someone else then they will have to apply to the court to have the judgment amended.

[Last of the Mohicans]

Remus, If a CCJ has been awarded then it supersedes any agreement. Applying for a copy of the original credit agreement might interesting but is completely irrelevant.

 

 

 

 

Surely if the CCJ is wrong in law, its wrong in Law and cant stand if proved to be so.

 

Not ragging on you, at all - and welcome a discussion on the subject