Charging order on debt paid in full

10past6

oojakapipi wrote: »

I will send to the court a copy of the letter from CL Finances solicitor confirming full payment received and cross my fingers that that will be an end to it.

If you attend court, you must ask the judge to order them to have the interim CO removed.

oojakapipi

10past6 wrote: »

And that's what you need to inform the judge.

Judges don't take to kindly to people wasting a courts time.

When you received your court claim for the amount, did it have any court fees on it?

That's what I thought, they are blatently wasting court time (and mine).

The interim CO doesn't have fees added to the total amount 'owed' the total is the same as on the CCJ. I suppose they would add court costs if the Judge decides the CO should be applied.

Also, as you say above, I do need them to get the Interim CO removed from my record then? Do you know if I have to let this go to court for this to be done or can I request it in my letter to the court with proof of full settlement?

jabba4

Bare in mind that as you paid the debt in full over the counter at the bank, it may have taken a week to reach them, then for them to move the paperwork from one desk to another, etc etc.

Not trying to make excuses for these companies, but it sounds like another case of 'one hand not knowing what the other hand is doing'.

Don't let it spoil your Christmas.

oojakapipi

jabba4 wrote: »

Bare in mind that as you paid the debt in full over the counter at the bank, it may have taken a week to reach them, then for them to move the paperwork from one desk to another, etc etc.

Not trying to make excuses for these companies, but it sounds like another case of 'one hand not knowing what the other hand is doing'.

Don't let it spoil your Christmas.

Hi Jabba4,

thanks for your reply, I have written comfirmation from them that they received the full payment on 23rd Oct (I had put payment through bank a few days earlier), so how they try to wriggle out of the fact they then went for a CO 3 weeks later would be interesting to see!

I too thought that they were probably just disorganised but that is also no excuse when they are dealing with courts.

Luckily for me I was able to settle in full so it is just an inconvenience. I do however, after receiving this on christmas eve, really feel for others who may have got a similar letter from this company today.

10past6

oojakapipi wrote: »

Do you know if I have to let this go to court for this to be done or can I request it in my letter to the court with proof of full settlement?

Personally, I would attend court and have the judge INSTRUCT them to withdraw the ICO, I wouldn't reply on them alone, after all, look at what mess they've already created.

On a personal note, it's a pity you've paid them in advance.

Was this debt valid?

oojakapipi

10past6 wrote: »

Personally, I would attend court and have the judge INSTRUCT them to withdraw the ICO, I wouldn't reply on them alone, after all, look at what mess they've already created.

On a personal note, it's a pity you've paid them in advance.

Was this debt valid?

I agree, had just made up my mind to contact the court and get it transferred to my local court, just don't trust them at all.

Yes it's a pity I didn't have the fight in me to battle them over this debt. This is a debt they bought off a bank loan I had defaulted on a couple of years ago, ok I am willing to pay what I owe but there were many charges added that I would not have liked to pay. Was undergoing some harsh medical treatment and they landed me in court really quickly, wasn't well enough to defend at the time. My main priority was to get the money together to pay it off and hopefully get the certificate of satisfaction for my credit file.

I think they have gone for CO as I suspect this is what they had planned from the off, they were sooo quick to get me in court for CCJ, obviously didn't anticipate that I would be able to settle the debt and pushed the CO through regardless.

10past6

OK, well for anyone following this thread, it's important you check every step of the way to make sure they have complied with the relevant legislation and in the correct format.

They cannot (they will do if not challenged) move onto the next process until the last one is complete correctly.

oojakapipi

10past6 wrote: »

OK, well for anyone following this thread, it's important you check every step of the way to make sure they have complied with the relevant legislation and in the correct format.

They cannot (they will do if not challenged) move onto the next process until the last one is complete correctly.

Totally agree,

For those viewing this thread, first the DCA's need to prove that they own the debt under the Consumer Credit Act. They won't provide evidence of this unless you request it. Lots of help here and on consumer action group as to how to establish this fact. This needs to be done before they get a CCJ.

I have dealt with that side of things before but just couldn't do it with illness/work concerns at the time. Didn't anticipate that the slimey so and so's would go for a charging order after I paid them in full, never had to deal with a (potential) CO before.

I will get this transferred to my local court and attend and post the results here for anyone else in this situation.

Merry Christmas everyone and especially 10past6 you have been great today, sorted my head out as to what to do, thankyou very much!:beer:

10past6

oojakapipi wrote: »

sorted my head out as to what to do, thankyou

When you apply to your local CC, your are applying to have the interim CO "Set aside" it's important the judge knows what he's dealing with.

oojakapipi

10past6 wrote: »

When you apply to your local CC, your are applying to have the interim CO "Set aside" it's important the judge knows what he's dealing with.

Yes I will, I intend to phone the courts on monday and get all the forms, only thing is........... you have set the butterflies off because I thought they charged £70 odd for 'setting aside'. Do you know if I have got it wrong?