Settling a CCJ with other Orders/Restrictions

Jj1980 · 7 May 2015 at 10:38AM

I have been working steadily on repairing my credit history over the past couple of years. To cut a long story short I have reached an impass with a CCJ on my record.

The CCJ was registered in late 2011 for circa £4k and has some form of charging order/restriction on my property (the property is jointly owned but the debt is in my name only) I have had extensive communication with the Debt Collection Agency's solicitors. The account is currently on hold subject to a review arising from a complaint I have made regarding the provision of information which has been outstanding for two years. During the information exchange a couple of years ago a sum of £2000 was agreed for settlement, unfortunately I could not complete due to change in my family members circumstances.

Separately I have recently (two weeks ago) made a 'without prejudice' offer to settle for £2000 which has been rejected in the last couple of days. There were no reasons for rejection given. I have no prospect of raising funds for a significant increase in the offer I have made as it was essentially a loan from a family member.

After reading the extensive thread on Charging Orders I feel the rejection may be part of trying to get me to increase the offer.

My questions are;

Should I go back with an offer to pay monthly. If I did this inline with how I would have paid back the loan from a family member it would be in the order of £50 per month?

Should I make a slightly increased offer in the hope it would be accepted?

Could anyone advise on my two options for proceeding toward some form of resolution or does anyone have any alternative advice.

Regards.

happy_bunny_2 · 7 May 2015 at 4:49PM

Its going to take an age to clear this at £50 per month.

What are your objectives here? Getting rid of the charging order?

Can you not get the details on the restriction from the land registry?

Take a look here:
https://www.nationaldebtline.org/EW/factsheets/Pages/15%20EW%20County%20court%20-%20charging%20orders/Page-08.aspx?gclid=CO2K3cv9r8UCFYrJtAodhnsAHA

Jj1980 · 7 May 2015 at 6:12PM

Hi

My objective is to settle the debt. Its a little bit chicken and egg in as much I cant sell the property to release the equity to pay the debt until the charging order or restriction is lifted.

If I can get the charging order removed, I can access mortgage deals that will allow me to move on.

It appears the debt collection agency are trying to play hard ball with me.

happy_bunny_2 · 7 May 2015 at 6:23PM

I presume a monthly figure was set on the CCJ?

Trying to offer practical advice but not sure if this gets done as well as the property restriction.

If so, as long as you pay that, the DCA can think whatever they like.

Jj1980 · 7 May 2015 at 7:02PM

There was no monthly amount set, I have offered several solutions, now the DCA seems to just be unwilling to agree anything with me.

happy_bunny_2 · 7 May 2015 at 10:02PM

Interesting.

I'd be tempted to call national debtline to see what advice they can offer.

Check on the ability to force a sale, which I would hope is non existant.

Then ask the DCA for their proposals to let you repay the debt. No response, rubbish response, complain and refer to FOS.

Jj1980 · 8 May 2015 at 1:51PM

By way of an update and clarification...

My objective is to clear my credit file of adverse credit information in the most timely way within my financial means.

I have received a phone call today from the solicitors acting on behalf of the DCA.

They acknowledged they were still looking into my complaint regarding the length of time it has taken to respond to my request(s) for information and that my account was on hold. They also invited me to increase my offer of settlement. I am considering another offer of full and final settlement and would just like a couple of pointers...

For over two years the DCA have been unable to respond to my request for a copy of the original default notice, they acknowledge that this is the case but claim I did not enclose a postal order, I cannot prove I did. They accepted a complaint on 21st April as referred to above, they are continuing a 'full review' of my account which could take up to eight weeks.

My questions are;

Should I submit a duplicate request for the information under CCA 1974 with another £1 postal order? What would be the benefits of doing this?

If the original default notice cannot be produced, is this grounds for the CCJ to be removed?
Should I inform the FSO now or wait until the review has been completed and my complaint responded responded to?

Is it appropriate for me to expect the charging order restriction to be removed in return for an agreed full and final settlement?

Can I only expect the account to be maked as 'partially settled' but 'satisfied' on my credit file?

If anyone has advice on alternative routes please share them with me.

happy_bunny_2 · 8 May 2015 at 5:56PM

As there is a CCJ already, default notices are not relevent. This should have been defended at the court stage.

I would have thought any settlement offer that removes the debt would mean the restriction is removed.

Yes, will be marked as partially settled, and the balance ought to be set to zero. Make sure they state that and they won't chase or sell the remaining balance.

National_Debtline · 8 May 2015 at 6:56PM

Hi JJ1980

This is a difficult scenario in which to negotiate a full and final settlement. Having dealt with some recent calls from people in similar situations, the problem you may encounter is that the creditor just isn't that bothered whether you can settle the debt now - the sum involved may not be significant enough for them to take the trouble of lifting the restriction. Frustrating, for sure. Let's hope the solicitors come back with an offer that is within your means.

Complaints won't do anything to force the issue as the debt is the subject of a valid court judgment and whatever comment the FOS might pass on the creditor's conduct, they can't undo this.

One other thing to bear in mind is that at the stage of seeking any remortgage, the presence of the CCJ on your credit report will have an impact on your application - and this may be reflected in the deals you are offered. The CCJ will appear on your credit file for six years from when it was granted, albeit it can be marked as "satisfied" once paid.

Dennis
@natdebtline

Jj1980 · 27 May 2015 at 12:39AM

I have today received an offer to accept a reduced payment for 'partial settlement' alongside removal of charging restriction and agreement to longer pursue debt.
To this point there had been rejection of any offers, with the offer now accepted having been recently rejected.
The reason stated now that it has been accepted is due to taking into account factors that I put forward.
I have a complaint that is outstanding for information I requested regarding my debt which I made over two years ago. I have chased this up several times and whilst my account is on hold the information has not been provided.
I have also recently made the DCA of the affect there their non response to my attempts to clarify my situation and my without prejudice offers has had on my health and wellbeing.

My question is why the DCA have changed their position and does anyone have any factors I should consider or should I just settle now as the best solution I can achieve.

Thoughts/advice appreciated.

happy_bunny_2 · 27 May 2015 at 9:58PM

Don't know, but it sounds ok. Presumably in writing?

If in doubt, give national debt line a ring.

Settling a CCJ with other Orders/Restrictions

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