CCJ from 2008.

[JamieT1977]

I had a CCJ registered against me in June 2008, and was paying an agreed £1 a month between October 2008 and May 2009. Suddenly the creditor stopped accepting my payments. I tried to find out why, but got no response from them. The court told me it was a matter for me and the creditor to deal with, so where unable to assist. Maybe it was connected to the fact that they thought me clearing a £242 balance at £1 a month would result in years before it was cleared. So they "cut their losses"??? Who knows?

 

So in effect from May 2009, I haven't had anyone to pay my payment to, nor any contact regarding this debt.

 

Roll on to the end of last week, when I received a letter from another DCA asking for payment or they will look into enforcing the CCJ. I repeat, I have never been informed that the debt has been sold on etc. This is the first letter received regarding this debt since 2009.

 

That is my first point. How do I know that they are now the true owners of the debt? All I know is that it is still held by the original creditor who stopped accepting payment etc. This new DCA could be just chancing their luck for all I know.

 

I guess I could get confirmation in writing from this DCA that they are now the owners. But is there certain evidence etc I should be asking for? I am aware of the CCA request route for debts, but unsure whether it differs with this having a CCJ tied to it.

 

My second question is, can a CCJ transfer from creditor to creditor without me or indeed the court being informed? Does it transfer freely as the debt moves on from DCA to DCA? Or should this new DCA inform the court and myself etc, as in formally get the details changed to reflect change of ownership? The confusing aspect for me is how can the new DCA enforce something they are not named on, I guess.

 

Just to point out, I am not trying to get out of paying, I just don't want to be paying this new DCA, when I have never been informed of a change of "owner". In other words, I do not want to be paying the debt off with the new DCA, only for the old one who took out the CCJ to resurface. As it is them who are named/ took out the CCJ, and who the agreement is with in writing/with the court.

 

It may be nothing, I also find it strange that this new DCA appears out of nowhere 15 weeks prior to this CCJ falling off my credit file. If I am correct, a CCJ doesn't become statute barred after 6 years unlike non-ccj debts. So I am not suggesting that the CCJ itself disappears after 6 years. But it simply falls off your file after 6 years has passed since the judgement was taken. As I mentioned, mine drops off in June this year. The timing off their contact may be nothing, it just got me thinking that's all.

 

Many thanks in advance for any tips etc you can give, however small.

[Andyorch]

I had a CCJ registered against me in June 2008, and was paying an agreed £1 a month between October 2008 and May 2009. Suddenly the creditor stopped accepting my payments. I tried to find out why, but got no response from them. The court told me it was a matter for me and the creditor to deal with, so where unable to assist. Maybe it was connected to the fact that they thought me clearing a £242 balance at £1 a month would result in years before it was cleared. So they "cut their losses"??? Who knows?

 

So in effect from May 2009, I haven't had anyone to pay my payment to, nor any contact regarding this debt.

 

Roll on to the end of last week, when I received a letter from another DCA asking for payment or they will look into enforcing the CCJ. I repeat, I have never been informed that the debt has been sold on etc. This is the first letter received regarding this debt since 2009.

 

That is my first point. How do I know that they are now the true owners of the debt? All I know is that it is still held by the original creditor who stopped accepting payment etc. This new DCA could be just chancing their luck for all I know.Check your credit reference files and look for a name change.

 

I guess I could get confirmation in writing from this DCA that they are now the owners. But is there certain evidence etc I should be asking for? I am aware of the CCA request route for debts, but unsure whether it differs with this having a CCJ tied to it.Correct no point requesting the agreement the CCJ replaced that but you could request a copy of the Notice of Assignment

 

My second question is, can a CCJ transfer from creditor to creditor without me or indeed the court being informed? Yes but if they wish to alter anything with regards the judgment they must seek the courts permission Does it transfer freely as the debt moves on from DCA to DCA? Or should this new DCA inform the court and myself etc, as in formally get the details changed to reflect change of ownership? see aboveThe confusing aspect for me is how can the new DCA enforce something they are not named on, I guess. They shouldn't need to enforce it just change payment to them once you are content they are the legal owner

 

Just to point out, I am not trying to get out of paying, I just don't want to be paying this new DCA, when I have never been informed of a change of "owner". In other words, I do not want to be paying the debt off with the new DCA, only for the old one who took out the CCJ to resurface. As it is them who are named/ took out the CCJ, and who the agreement is with in writing/with the court.

 

It may be nothing, I also find it strange that this new DCA appears out of nowhere 15 weeks prior to this CCJ falling off my credit file. If I am correct, a CCJ doesn't become statute barred after 6 years unlike non-ccj debts.It can if no payment were made within 6 years So I am not suggesting that the CCJ itself disappears after 6 years. But it simply falls off your file after 6 years has passed since the judgement was taken.Correct As I mentioned, mine drops off in June this year. The timing off their contact may be nothing, it just got me thinking that's all.

 

Many thanks in advance for any tips etc you can give, however small.

 

Regards

 

Andy

[JamieT1977]

Thanks for that Andy.

 

So if I read your replies right, a CCJ can become statute barred after 6 years of non-payment? Not a factor in my case as I paid in May 2009, and would be pushing my luck to try and avoid not paying or the CCJ being enforced before May 2015.

 

But interesting all the same if I read your reply correctly.

 

Just this minute received my passcode to gain access to my statutory report via Experian. The new DCA is shown as being the creditor against the debt entry (no creditor is listed in the CCJ section.)

 

So this I guess is one sign of proof that they are now the creditors. Between getting my passcode via mail, and posting I spoke to the new DCA (Lowell) and they have agreed to put the account on hold for 10 days while they provide by mail a copy of the notice of assignment.

 

I feel that these 2 forms of proof will be satisfactory in convincing me I will be paying the right people.

 

Interestingly on my file the balance each month for this entry is NIL except for last month, and 18 months ago where it has the current outstanding amount entered for each. Guessing they were not updating that often.

[JamieT1977]

Just set up a payment of £1 a month, which has been accepted.

[Andyorch]