Sechari Clark and Mitchell

[Bobby11]

Hi everyone,

 

Has anyone got a template letter that I can send to the above who have, for the last 11 months I have now found out, been bouncing back my standing order payable to them for a ccj from years ago.

 

They even had the cheek to call in a DCA cos I hadn't paid.

 

Bobby11

[Bobby11]

can anyone help please?

[Seminole]

Not sure what you mean by bouncing back? If a standing order is paid into a bank account I don't think it can be rejected. Is it possible that the S/O has been set up to try to pay an account that doesn't exist?

 

How do the S/O payments appear on your bank statement?

[Bobby11]

Thank You for your reply,

 

The standing order was set up under the correct reference number and account number over 7 years ago and has been accepted every month up until Aug Last year - I use online banking and usually just check the outgoings - it would seem, according to my bank (and they have sent me written confirmation that nothing has changed with the standing order since inception) that every month since Aug last year the money has been returned by the payees bank on the following day to the payment as "returned funds".

 

I want to ascertain from SCM why this has happened and why they sent DCA after the money that was being regularly paid under a ccj order.

 

Bob

[Seminole]

That's an unusual situation and I don't think any template would cover it. I'd write to Sechari recorded delivery setting out what has happened and asking them for details of the account into which you can resume payments. I'd also ask for a statement of account to make sure that they haven't added any charges/ interest etc.

 

Given the lapse in time since payments started being rejected by their bank, this sounds more like a cock up than a conspiracy and they should simply accept resumption of payments at the old level and explain why the payments were rejected.

[Bobby11]

Thanks for the advice

Thinking about it - would I get anywhere with copying in the County Court with the letter to sachiari and suggesting that they may wish to consider writing off the CCJ due to their ineptitude in all this?

 

Bobby11

Edited September 2, 2009 by Bobby11

[Bobby11]

edited bump

[sillygirl1]

If you've paid up to the end of the 6 years then there is no further payment to be made to these morons. I would contact the court and get a certificate of satisfaction and send it to the clowns.

[Seminole]

If you've paid up to the end of the 6 years then there is no further payment to be made to these morons. I would contact the court and get a certificate of satisfaction and send it to the clowns.

 

Sorry, I don't think that's correct. You seem to be confusing the Limitation Act and payments against a CCJ. Unfortunately CCJs don't expire and need to be paid in full in order for them to be satisfied. Your liability to pay doesn't expire after six years or even six years of payments unless the amount due has been paid.

[Seminole]

Thanks for the advice

Thinking about it - would I get anywhere with copying in the County Court with the letter to sachiari and suggesting that they may wish to consider writing off the CCJ due to their ineptitude in all this?

 

Bobby11

 

The county court won't deal with a letter like that unfortunately. Their behavior would only come into play if you sought to set aside the judgment (nothing that has happened gives you grounds for that) or if they sought to enforce the judgment and either they or you forced it to a hearing.

[Bobby11]

Thanks Seminole,

Have I not got grounds to go to the county court and argue that they have changed the account that they wanted the payment to go to without advising me and then set McKenzie Hall on me for defaulting.

(memo to self - need to get experien report to see if they have entered a default on the record.)

[sillygirl1]

Sorry Seminole but I have had it said from a county court official that when a CCJ has reached six years everything stops, and then it is down to the originator to seek another order to gain payment. That was the whole point of the Statute of Limitations as well, to stop debts accruing in perpetuity). However said court person has given out duff info before.....

 

I would still contact the court to see what the position is, you may very well have made the final payment without realising it.

[Seminole]

Thanks Seminole,

Have I not got grounds to go to the county court and argue that they have changed the account that they wanted the payment to go to without advising me and then set McKenzie Hall on me for defaulting.

(memo to self - need to get experien report to see if they have entered a default on the record.)

 

No but you would have a strong argument if they sought to use the court to enforce the judgment.

 

They would have no basis to enter a default after getting a CCJ.

[Seminole]

Sorry Seminole but I have had it said from a county court official that when a CCJ has reached six years everything stops, and then it is down to the originator to seek another order to gain payment. That was the whole point of the Statute of Limitations as well, to stop debts accruing in perpetuity). However said court person has given out duff info before.....

 

I would still contact the court to see what the position is, you may very well have made the final payment without realising it.

 

That's slightly different. If the debtor doesn't pay up and the creditor takes no enforcement action for 6 years then they have to go back to court if they want to enforce after the 6 years are up.

 

I agree it would be worth checking whether the total of the payments made exceeds the judgment debt.