can a ccj be sold on?

4littleone

I had a ccj entered against me with a well known company.

I have not missed a payment since it was granted, i got a letter today from a debt collection agency telling me that the debt has now been sold to them and that i must contact them with my proposals for repayment as they want a higher amount each month. Also it went on to state that i am not allowed to pay the original company any more money and must not even contact them.

I was under the impression that once a ccj is granted it stays with that particular company. Also under the terms of the ccj i thought that once the payment was set they cannot ask for higher payments.

If anyone can shed some light i would be really grateful.
Many thanks in advance.

4littleone

bumping for help!

ajaney

Hi

I'm not 100% sure on this one so I've been having a little search. According to the direct.gov website you pay the claimant or their solicitor. here is a link from the courts website which also says to pay the claimant - http://www.hmcourts-service.gov.uk/courtfinder/forms/ex20_0406.pdf

I'll keep looking but would advise you not to do anything before you have sought advice - national debtkine might be a good place to start 0808 808 4000

4littleone

ok, brilliant. I'll give them a try tomorrow.
Many thanks.

ajaney

Did the court set the instalments at the time the judgement was made?

GeorgeUK

I thought that the debt was able to be sold but the amount of the payment was set by the court. Not read up on it at all so you should definately check this with the court adn possibly national debtline. I would also contact whoever you are currently making payments to if they have not contacted you about any changes.

I'm jsut worried that someone with a CCJ will get advice like this, change who they are making the payment to and then get hit with a charging order as soon as a payment is missed as it has been paid to the wrong company. Definately get it checked out as to what they can de with regards the amount and transferring a CCJ, but also contact whoever you are paying right now. Once you get verbal confirmation, i suggest you also request written confirmation of whatever they say.

shinyhead

George is quite right. I'd keep paying whoever you're paying now and get written confirmation from the creditor or current agent before moving the payment.

Don't get sucked in to discussing higher payments - in order to change these they must go back to the court for a redetermination. If you find that you might have trouble keeping up the payments or (want to pay more??!) you can do so too.

Can I ask who the creditor is and who served the CCJ? Who's the new agency trying to get the payments? I'm asking as I think I'm spotting a pattern if it is who I think it is.

ajaney

I'm with George. I think there is something very fishy going on tbh.

All the stuff I have read with regards the courts says to contact the court that dealt with your CCJ if you have any questions. I find it highly suspicious that this letter comes along, saying 'Do Not contact the original company/make any further payments to them'.

My plan of action would be:

1) contact the court who issued the order & explain what has happened
2) contact National Debtline

Let us know what happens. I am still curious to know if the instalments were set by the court when the order was made as if you have not missed a payment, it appears the amount cannot be changed.

MrsTinks

Definitely something fishy going on there... I think the debt CAN be sold on but only one CCJ can ever be applied to each account - MY understanding would be that once the CCJ is in place that's it... I would call CCCS or one of the other charities first thing and ask then then contact the court that issued the CCJ originally and explain everything to them. More than likely the new creditor will need to prove to you that they have bought the debt and if so you need to inform them there is a CCJ in place on it and that £x is what the court has ordered you to pay. Asking you for more money without doing so through the courts is very naughty and as such you have sent a copy of their letter and your letter to inform them of this demand... Bet they won't be too chuffed about that

glitterfairy_2

hmmmmm, i don't suppose the company is Black Horse is it? we have also received a letter about this today, and we also pay via a CCJ. my husband rang the new company and they said that we will have to fill out a new income and expenditure form, but it is unlikely that they will ask for any more than has been set by the court. i have never heard of this before!!

stapeley

Yes it can be sold on . But you should not have to filling any new forms , it could be a tactic by the new owner of the debt to use to go back to court for a new determination . It maybe your income has increased and they want the debt paid off quicker ?