CCJ can they change it?

DES_1001

Hi Everyone,
Right straight to it, i have a ccj from about 5 years ago which i pay each month without fail to Jeremy sutcliffe & co.
Today i get a letter from marlin financial services saying that they now own the debt etc.
Question is
1, can they increase the amount of the CCJ or does it just stay the same?
2, can they take it back to court to get me to pay more (bearing in mind that i have always made the payments) or is it once set can't be changed if i always pay on time.
I have requested a payment card from them, that way they can't say " we didn't receive the cheque" etc.
the outstanding amount is £6,000 ( to clear the ex-wifes debts) and when the CCJ was set up i was unemployed so i only have to pay £2.41p a month.
Hope someone can put my mind at rest been fretting all day.
Thanks

DES_1001

bump please

stapeley

YES , they can apply for redetermining . If you can afford to pay more offer a voluntary increase . At such a low amount you will never be clear of it . If the new owner tries to pay hardball , you could always ask for a copy of a CCA . This may not be available, the debt could then be deemed unenforceable but you would have to have that JUDGED in court.

GeorgeUK

As Stapeley says, they can't jsut say "we have a CCJ on this debt and we want you to pay more". They would need to take it back to court to make that enforcable.

themagics

chances are marlin wont have ur cca they havent found mine yet:rolleyes: and they do play hard ball but just keep bouncing it back good luck:j

DES_1001

Thanks for the replies, if it comes to it i will ask for the cca ( does anyone have a template please), Do i ask for the cca straight away or start paying the set amount with the payment card when it comes?
Was just starting to get everything back on track

GeorgeUK

Details: http://forums.moneysavingexpert.com/showthread.html?t=578486
Template: http://forums.moneysavingexpert.com/showthread.html?p=11636295#post11636295

As there is a court Judgement, i would just pay what the court have stated should be the amount payable.

DES_1001

Thanks George, i'll wait till they send a payment card then make the first payment to them on 1st Jan 09 as i told them on the phone. At what point do i ask for the CCA?

GeorgeUK

As it is only £1, there is no harm in requesting it now - although probably better to wait until you receive the payment card.

Usually if there is no CCA provided after 12(+2) working days, the debt is unenforcable and you can stop paying. As there is a CCJ, i would continue paying - if they went to court again you could point out that you have requested a copy of the CCA on xx/xx/xxxx and have never received a copy. I'm not too clear on the arguments used for the lack of a CCA to remove a CCJ but i think it is because the CCJ was issued with the presumption that the debt was legally enforcable. If they are unable to provide a copy of the CCA with all the required terms on it then it may not be enfoecable. Someone with more experience of that will need to comment - the information i read was from the consumeractiongroup forum.

DES_1001

Thanks George, like i said the ccj was issued about 5 years ago. Since then i have been paying the £2.41as instructed by the court, i didn't realize a ccj could have the amount increased!