Creditor telling me my CCJ is lapsed & void.

neverpayfullprice

Hi all


I'm hoping someone can explain this situation to me because I don't understand.

I owe a mortgage shortfall amount following a reposession 12 years ago. I have always had an arrangement with the lender and never missed a payment in all that time.

2 years ago the lender refused to accept I was not in a financial position to pay more and obatained a CCJ. I have been paying this and have never missed a payment. I have been meeting these payments by running up an overdraft.

This morning I have a letter from them saying they want to make a new arrangement and that the old one has 'lapsed and is void'. Their words. They say that until there is a satisfactory arrangement in place my existing payments will count towards my overall debt and not any arrangement.

If I fail to comply they will use other option such as CCJ, bailiffs, attachment to earnings etc.

I thought if I had paid as the CCJ required me too, then they could not take further action. I don't know how they can just decide the CCJ has lapsed.

Can anyone shed some light on this and tell me the legal position.


Thankyou.

RAS

Hi

lying barstewards.

As long as you are paying what the court order, the CCJ is in order.

What they may be hoping is to increase the payments, as you appear to be Ok with the current situation. They actually need to go back to court to get permission.

If you running up an OD to pay this, it might actually be better for you to take advice about a redetermination hearing to reduce the payments?

DarkConvict

Yes, so long as you meet repayments on the CCJ, they cannot use bailiffs or other actions.

A CCJ will only lapse if they have not made use of it, however you have been making payments so it is still in force.

All the creditor can do is ask for a redetermination hearing if they feel payments can be increased, a court/judge will assess your income and set a new repayment amount. But as RAS states if you are running up debt to pay this then obviously a redetermination should be done to bring down the payments to an affordable level.