Legal ? re: CCJ

Mizz_Pink

If someone has defaulted on a CCJ and wants to pay if off, is it legal for the claimant to ask for more ?
h2b has paid the original amount he defaulted on plus costs and interest.

Claimant seems to think he can get more money, but someone has told us the judgment amount cannot be changed once set.

Anyone know anymore about the legal side of this ?

Thanks Info on edit below !!!!

Hi

I posted on here a while ago about the situation my partner is in. To cut a long story short it is as follows.

Partner defaulted on a ccj which started sept 1999.
Claimant put charge on Mortgage.
6 yr rule means debt was written off last sept, to coincide with claimant sending him a letter wanting £10k (ccj remaining was £1,800).
Today recieved Equifax and Experian report. NOT ONE MENTION OF CCJ.
Partner needs to a new mortgage to release equity to put desperate cash into his new business.

Has CCJ been written off as it isnt on credit reports ?
How else can this charge be removed? we have already tried the land registry 18 months ago.
Thanks so much

file_wizzard

Mizz_Pink wrote:

Partner defaulted on a ccj which started sept 1999.
Claimant put charge on Mortgage.
6 yr rule means debt was written off last sept, to coincide with claimant sending him a letter wanting £10k (ccj remaining was £1,800).
Today recieved Equifax and Experian report. NOT ONE MENTION OF CCJ.
Partner needs to a new mortgage to release equity to put desperate cash into his new business.

Has CCJ been written off as it isnt on credit reports ?
How else can this charge be removed? we have already tried the land registry 18 months ago.
Thanks so much

CCJ's do not become statute barred, they will naturally expire from credit files 6 years after the date of order, but CAN be reinstated for as long as they remain unsatisfied, they are also “permanently” recorded at the registry trust, satisfied or otherwise.


With regards to costs being added to a CCJ then no, not without a variation being agreed by the court

Mizz_Pink

Thanks file wizard,

We have paid £15 to the court for a certificate of satisfaction. However the court wont give us one until the claimant sends the court a receipt for the amount paid, which he is arguing isnt the full amount. He is trying the get the amount he wanted in the first place which is 4k less than the judgement amount.
He has cashed the cheque for 2k which we thought was the proof that he has accepted payment but its not.

Its neverending. We thought , as we have paid the full amount that would be it but its never that easy is it?

Anyone else got any thoughts ?

Tootsie_Roll

Mizz_Pink wrote:

Thanks file wizard,

We have paid £15 to the court for a certificate of satisfaction. However the court wont give us one until the claimant sends the court a receipt for the amount paid, which he is arguing isnt the full amount. He is trying the get the amount he wanted in the first place which is 4k less than the judgement amount.
He has cashed the cheque for 2k which we thought was the proof that he has accepted payment but its not.

Its neverending. We thought , as we have paid the full amount that would be it but its never that easy is it?

Anyone else got any thoughts ?

Sorry but you're not making any sense to me.

1) How much was the judgement for ?
2) Have you paid that amount plus costs, interest etc etc ?
3) How is a £2k payment relevant ?
4) Is it possible that the increased balance (if one exists) is due to the extra costs that were incurred obtaining the charging order ?

In simple terms the claimant cannot add anything to the balance without the courts consent. Your partner on the other hand cannot get released from the charge until he has cleared the full amount as stated by the court - no such thing as a short settlement on a charging order.

Mizz_Pink

Sorry Tootsie Roll (like the name)

The claimant originally wanted 6k, the court ordered OH to pay 2K, he paid some and defaulted on the rest. The 2k he has now paid consists of the amount he defaulted on, plus 8% per yr of the amount outstanding plus costs of the claimant adding the charge.
The court said to us last week if the amount is settled then they can give us the certificate of satisfaction. As far as we are concerned the amount has been settled based on the judgement agreement. But the claimant has written to us saying he accepts the cheque as part payment so the court wont use that as the 'receipt'.
The court is now writing to the claimant for a receipt, if he doesnt repsond within a month then they issue the certificate automatically. If he doesnt and refuses the receipt we will have to go back to court and fight the b*&!"*d.

Tootsie_Roll

So how much does he want now and where did he get this figure from, also how much is the charge for.

Mizz_Pink

Claimant sent us a letter last sept saying the balance was over 10k. We think he got that figure from the original 6k he wanted plus interest. The guy is known to the police and has been investigated for fraud etc and this isnt the first time he has done this. The courts know who he is aswell. There were 2 charges on the mortgage totalling just under 2k. If we have to pay a bit more then we will to get him off our backs, we get married in 17 weeks and we need this sorted out. My parents lent him the 2k so it could be sorted out. We were so chuffed when he cashed the cheque.

Experian_company_representative

Credit reference agencies hold CCJs (and Scottish Decrees) for six years, then they are automatically deleted from your credit report and from the files of Registry Trust Ltd. Charges made on properties are held by the Land Registry until the property is sold, but these do not appear on your credit report.

Tootsie_Roll

Mizz_Pink wrote:

Claimant sent us a letter last sept saying the balance was over 10k. We think he got that figure from the original 6k he wanted plus interest. The guy is known to the police and has been investigated for fraud etc and this isnt the first time he has done this. The courts know who he is aswell. There were 2 charges on the mortgage totalling just under 2k. If we have to pay a bit more then we will to get him off our backs, we get married in 17 weeks and we need this sorted out. My parents lent him the 2k so it could be sorted out. We were so chuffed when he cashed the cheque.

Seems to me from what you have stated so far that he may be trying it on. You only have to clear the amount he has a judgement/charge for unless he can prove the remaining debt in court which looks doubtful and would have to be a new case anyway.

towncryer

i am confused by comments above by file_wizzard, saying ccjs are kept on permanent record at registry trust, while somoene else says they are removed completely after 6 yrs, this is an important issue to clear up, or we will send some people in wrong direction, including me !
also, it can be re-instated? surely it would have to still be on a companies books, eg a big company wouldnt bother with shareholders etc/law about writing it off?

please advise

confused

file_wizzard

towncryer wrote:

i am confused by comments above by file_wizzard, saying ccjs are kept on permanent record at registry trust, while somoene else says they are removed completely after 6 yrs, this is an important issue to clear up, or we will send some people in wrong direction, including me !
also, it can be re-instated? surely it would have to still be on a companies books, eg a big company wouldnt bother with shareholders etc/law about writing it off?

please advise

confused

I think its important to understand the difference between the records which are held by the CRA's, and the records that are held by courts / the registry trust.


If a CCJ is issued to run over say a 10 year repayment scheduled then obviously once you reach the end of year six it will naturally expire from the records of the credit reference agency, however it is still just as legally binding as the day it was first issued, and therefore can technically ( although very rarely) be re-entered onto credit files until such time as it is satisfied.

If you default on a CCJ there is no defined time limit for the claimant to either apply for either a distress warrant or charging order before they lose their right to claim. The “6 year rule” is not applicable to court orders, although any further action would have to be within a "reasonable" time frame, i.e they couldn’t suddenly decide in 15 years to go back to court as the court would quite rightly question the extended delay

With regards to the registry trust despite the official sounding name it is now a privately owned company, which is there to keep track on the issue, payment and settlement of court "money judgments". & in effect it is no different to either a credit reference agency or the CIFAS organisation for fraud prevention other than the fact that they operate on a “no-profit” charity basis (and that their main benafactors are the credit industry its self)

The records are “permanent” but as the information shared / held by the CRA’s is only valid for 6 years this information is not published once it becomes naturally expired.