Help with CCJ . Questions and Judgement

[jandia]

I was wondering if someone could kindly help clarify this position.

 

I have a CCJ against me dated for value £2k.

 

 

The Claim was issued in April 2011 and awarded in July 2012.

 

 

I understand from speaking to the Court that the judgement has not been registered.

 

The claimant has offered me the opportunity to pay £1k and confirmed on receipt of the payment

that they will not object to me making the Court payment of approx. £150 to remove the judgement.

 

The questions are.

 

.1 How would you expect the claimant to proceed? In other words, let us suppose they register the judgement and seek enforcement, Is it legal for them to seek the full value of £2k or would they have to seek the lower value of £1k, which they offered as full settlement.

 

.2 Does Statute barred come into effect from when a Claim is issued or from the date of the judgement? Can Statute barred be actioned, when you have been communicating and rejecting the claimants’ case for payment over many years?

 

This is a dispute with a company who has acted dishonestly.

[mikeymack2002]

The SB clock stops when a claim is issued.

[dx100uk]

If its not showing on your file its not hurting you

 

Dx

[i hate bailiffs]

I expect they would object and chase you for the rest of the full amount

[renegadeimp]

I understand from speaking to the Court that the judgement has not been registered

 

So then, has the CCJ actually been issued, or not?

[jandia]

Thank you for all your input.

Yes the CCJ was issued and yet speaking with the Court; they advise it will not affect my credit file, as it has not been registered.

 

 

I am unsure of the meaning of this registered part.

 

I was wondering how they would enforce all of the debt,

 

 

when they have already agreed a part settlement

 

 

and how this plays out should they seek the enforcement.

[i hate bailiffs]

They could enforce the rest of the debt via bailiffs

Attachment of earnings

Charging order on any property you may own

 

They have a ccj do you really think they will accept a lower amount and forget about the rest

How have they agreed on the phone ? They will go for the full amount don't be fooled

 

However just because they have a ccj does not mean that they will be able to enforce it

Millions of ccj come about each year not all of them get any payment towards the debt

[jandia]

I understand. I am interested in the legality and the enforcement of the CCJ when a reduced offer letter has been issued to the defendant.

 

What is meant by the Court saying that the CCJ is not registered? maybe this is the enforcement part?

 

The claimant would need to pay for the Courts enforcement and when undertaken, I hold a letter from the claimant confirming that they would accept a 50% lower value. There was no statement on their letter stimulating that I must accept the lower value within a certain time or such offer, would be forfeited or withdrawn.

 

Suppose they make the payment for enforcement and when I am contacted, I write back with a copy of the reduced payment letter, would this not frustrate the enforcement process and stop it dead in the water.

 

Is it possible to seek the full value or enforce a CCJ when a deduced offer letter has been provided by the claimant? can the Court lawfully pusue any payment?

[dx100uk]

you get a letter from the claimant that on the reduced payment

they consider the CCJ met

 

 

then when done.

 

 

ou send that to the court and get a cert of satisfaction.

 

 

end of issue.

 

 

dx

[jandia]

thank you dx,

 

 

does that mean that the clamant can only now legally enforce the deduced payment amount,

which they stated in writing, would be acceptable?

[dx100uk]

once the CCJ is satisfied the debt is done

even if you paid the reduced payment.

 

 

as their initial letter will state its full and final on the whole debt.

 

 

dx