Can a CCJ be sold?

[MaximusMeridius]

Hi

 

I have a CCJ from (Judgment October 2013), the claiments are Santander, my payments went to Lewis group.

 

I received a letter from Santander stating they have sold debt to NewDay Ltd.

 

I then received a letter from NewDay stating day have bought the debt and that all future payments should go to Robinson Way.

 

I then received a letter from Robinson Way stating that i should stop paying Lewis group and carry on paying them £xx per month and in 6mths time they will review my payments.

 

Well i have a Judgment in front of me from the court that says i owe Santander £xxxx.xx and to pay Lewis Debt Recovery so that what i,m going to do until the court tells me otherwise.

 

I tried paying Lewis group today by bank transfer but got a messEge saying HOIST had bought Lewis group (in August 2013) and Iwas redirected to Robinson Way website, I didn,t pay.

 

I want to pay this debt because I owe it but i,m not going to pay it unless;

 

1. The court informs me about the change of ownership of debt

or

2.My credit file states that the CCJ is satisfied, I assume I don`t owe Santander the money anymore.

 

I,ve had a look around the site and can not find a definitive answer to the legalities of selling a debt that is subject to a CCJ.

 

Answers range from,

 

They need to imform the court.

They can do what they want.

They can sell the debt but they can not sell the CCJ.

 

I,m expecting a flood of letters and phone calls from Robinson Way soon and was hoping that someone would have the answer to the question in the title.

 

Thank for looking

[unclebulgaria67]

There was a long running thread on here about Robinson Way and how they deal with debt assignment, where this an existing CCJ. I believe they contacted Northamtpn County Court bulk centre and got them to transfer ownership over as a batch, rather than apply on each one individually. There was then an argument about the process the was followed and I don't think the thread was ever updated or I missed it.

 

If the debt is now payable to a different company to that noted on the CCJ, I would write back asking for proof that the court had been notified of the transfer of the debt, as this would be required. Advise them that as soon as you receive offical confirmation that the court has been notified, you will recommence payments.

[MaximusMeridius]

Thank you for you speedy reply unclebulgaria67

 

I will do that when the letters start coming. The first letter they sent had no mention of the CCJ and indeed they mention that they will reveiw my payments in 6mths, correct me if i,m wrong but only a court can change the monthly amount to be paid?

 

That leads me to think that the letter is generic or they don,t know about the CCJ. We shall see.

[unclebulgaria67]

Thank you for you speedy reply unclebulgaria67

 

I will do that when the letters start coming. The first letter they sent had no mention of the CCJ and indeed they mention that they will reveiw my payments in 6mths, correct me if i,m wrong but only a court can change the monthly amount to be paid?

 

That leads me to think that the letter is generic or they don,t know about the CCJ. We shall see.

 

Did the court set the payments ? Or did you agree it with the claimant ?

 

I think they just see the payments coming in and don't look for CCJ info that may be on file.

[MaximusMeridius]

I offered to pay £xx per month and have the judgment in front of me from the court agreeing to this amount.

 

The more I think about the more i,m annoyed, I assume they bought this debt for a lot less then the full amount. Why didn,t Santander make me the offer?

 

I,m going to ignore them until the produce something from the court that says i now have to pay them. Lets make them work for their ill gotten gains.

 

I,m going to write to Santander and ask for a Certificate of Satisfaction, its their name on the judgment and as far as i,m concerned I don`t owe them the money any more.

 

I know i,ll probably get nowhere but i,m going to see how far i can push this. I,ll update the thread as and when, if anyone is interested.

[MaximusMeridius]

Sorry i,ve just re-read the judgment, it says at the bottom

 

you can ask the court to mark the entry on the register as satisfied and, for a fee, obtain a Certificate of Satisfaction.

 

I,m going to send a letter to the court with a copy of the Assignment letter from Santander, say the debt has been settled and can they mark the entry on the registar as satisfied.

 

Lets see what they come back with.

[AndyOrch]

Bit pointless really because the court will check with Santy if you have settled the judgment...don't miss lead the Court its not advisable.

[MaximusMeridius]

Just playing Devils advocate really

 

As i see it, i don,t owe santander the money anymore someone has paid it for me. The assignment letter from Santander says in black and white that i don,t owe them the money anymore.

 

If Santander tell them i still owe them the money, then Santander are lying as far as i can see.

[dx100uk]

lewis are robberway are hoist

 

its all the same company.

 

so theres no change at all.

[MaximusMeridius]

I disagree, the judgment says i owe Santander the money, not Lewis, not Hoist and not Newday.

 

I don,t mean to be argumentative, i,m just trying to find out who Legally owns my CCJ.

 

Lets say i just do as i,m told and in 5yrs time I satisfy the judgment and ask the court to mark the entry on my file as satified, who does the court check with to see if it is satified.

 

Santander? how would they know, they sold it 5yrs previous.

 

like i said, i,m not trying to be argumentative, just throwing a few questions. Have Santander just sold the debt, have they sold the debt and CCJ, can they sell a CCJ.

[dx100uk]

I have a CCJ from (Judgment October 2013), the claiments are Santander, my payments went to Lewis group

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419185-New-DaY-LTD.&highlight=newday+ltd

 

dx

[MaximusMeridius]

Sorry that should off said Lewis Group collected the payments on behalf of santander.

[dx100uk]

not an issue

 

my motto here is question everything

 

satans bank have sold their store cards division to newday.

 

so thus they become the claimant

 

so sadly in that respect

as opposed to a DCA claimant

the CCJ can be sold.

 

dx

[MaximusMeridius]

not an issue

 

my motto here is question everything

 

satans bank have sold their store cards division to newday.

 

so thus they become the claimant

 

so sadly in that respect

as opposed to a DCA claimant

the CCJ can be sold.

 

dx

 

And a very good motto it is.

 

I agree with unclebulgaria that they would have to apply to the court to get the claiments name changed on the judgment, this I would think would cost them money.

 

I have a suspicion that they have not and i,m not about to tell them its subject to a CCJ, i,m not going to do thier job for them.

 

If they havn,t applied to have the claiment name changed then i still maintain that ( i,m just playing devils advocate here) the defendant (me named on the judgment) does not owe Santander (claiment named on the judgment) the money anymore therefore the judgment is satisfied?

[AndyOrch]

They dont have to make application to get a name change on the judgment...the assignment transfers all the rights and conditions of the CCJ to the new owner.The only time the new owner would approach the court would be if they were to request a redetermination of your payment amounts or if they wish to execute the judgment.

[MaximusMeridius]

They dont have to make application to get a name change on the judgment...the assignment transfers all the rights and conditions of the CCJ to the new owner.The only time the new owner would approach the court would be if they were to request a redetermination of your payment amounts or if they wish to execute the judgment.

 

Thanks for your replies, If you don`t mind i will ask a few " what if " questions concerning this answer andyorch, I have read lots of threads that you and DX have been involved in and I don`t doubt your answers.

 

WHAT IF this debt/judgment is sold a few more times before before it is paid of in full. I then apply to the court to mark the entry on the registar as satisfied, who would the court contact to get confirmation?

[AndyOrch]

The letter of conformation that you attach to the Certificate of Satisfaction from the Judgment creditor.(final one that you have made last payment to)

 

Regards

 

Andy

[MaximusMeridius]

Another question if you don`t mind

 

If i stop paying this judgment can NewDay commence other enforcement proceedings?

[dx100uk]

yes ofcourse they can

 

dx

[AndyOrch]

Another question if you don`t mind

 

If i stop paying this judgment can NewDay commence other enforcement proceedings?

 

Charging Order

Attachment of Earnings

Third Party Debt Order

Stat Demand/Bankruptcy

 

Regards

 

Andy