CCJ help

ThatCrag

Hi, hope that this is in the right section

After getting access to my credit report, I found out I had an outstanding CCJ on my report. And as it is only for £290 I decided to settle it.

So I phoned up the relevant people who informed me that it was issued by Bryan Carter Solicitors on behalf of American Express.

My first problem is there is no way this should be appearing on my credit report, I know they stay on for 6 years, but I'm 100% sure that it's been longer than 6 years, I left my current address in 2003 and at the same time, I started missing my monthly repayments for AMEX card :S

My second problem is the amount, I know I owed American Express alot more than that and I'm puzzled as to why its such a small amount

What should I do, dispute the fact that it's on my report?

And should I get in touch with Mr Carter and dispute the claim? (I have read about Mr Carter and his "ways" so to speak)

Thanks

Tixy

Well in theory they have 6years from when you stopped paying to take you to court and then the CCJ could remain for 6years from that date.

What date was the CCJ issued according to your credit file?

By relevant people do you mean the court where the CCJ was issued? have you obtained a copy of the judgement from them?

ThatCrag

Wow speedy response, thanks

I phoned up the court where the CCJ was issued yes, Northampton CCBC, I just asked the person on the line who issued the CCJ and he told me over the phone, I take it I should ask for a copy of the judgment?

As for the date of the judgment, according to a report from trustonline (I think thats the one) the date is 05/05/05 which is like 19 months from when i stopped paying back AMEX, doesn't make sense to me at all

Tixy

Well they don't take you to court straight away as it costs them money to do so. So usually they will try to contact/chase you first.
If the judgement is actually in the name of Bryan Carter then it may well be that Amex chased you for a year or so and then sold the debt on. Bryan carter will then have tried to contact you at your last address and on getting no reponse have gone for a CCJ.

I think you need to see a copy of the judgement to see exactly what was claimed. Especially as its a lower amount than you expected.
But even if you did owe more at the time then if that is what the CCJ is for that is all you would be required to pay. Any other debt would be statute barred.

If once you have the judgement you agree you owed them money and as you didn't keep the creditor informed of you new address I don't think you can dispute the CCJ.

I guess you have probably have 2 options
1 to pay it, get a certificate of settlement and wait for the CCJ to go from your report next year (6years after the judgement).
2 not to pay and to wait for it to be 6years from judgement and it falls off your report. The only way you could be made to pay after 6years after the judgement date would be if BC went back to court to reactivate the CCJ and explain why they hadn't located & chased you previously.

You may find that because you have requested your credit report as it will now show a current address you could get BC chasing you again.

ThatCrag

Thank's Tixy

I think I will settle it, as that would show up on my report wouldn't it?

I know it's taken me a long time to do so, but at least it would look better than not paying at all right?

It's just that I need to make most of my bad credit history, 19 months of red dots from 09/03 which resulted in 1 default and 1 CCJ nothing for 4 years (as in no credit for anything at all) and then I got a catalogue account in 01/09, which has 2 late payments in 15 months

I cant even get a Vanquis card nor Aqua (I wasn't suitable for them apparently) and I'm just finding it difficult to start repairing my credit

Tixy

To be honest even with it paid off you might still struggle until May next year. After that you should be able to start rebuilding using a subprime card.
Probably an obvious question but you are on the electoral roll I presume?

ThatCrag

I won't be on the electoral roll till 01/09/10

I know that greatly affects credit card applications, even though they ask for previous addresses

adelebw2469

Hello,
I am new to this site and wanted to ask for some advice. I have received a CCJ from Northampton County Court, the claimant is Pheonix Recoveries (UK) Ltd SARl, name and address for payment is Bryan carter Solicitors. The CCJ is telling me to pay £50 per month. I am a pensioner and cant afford this amount. The debt is a catalogue debt run up by a member of my family who has lost their job. What should I do?
Thank you

Tixy

adelebw2469 wrote: »

Hello,
I am new to this site and wanted to ask for some advice. I have received a CCJ from Northampton County Court, the claimant is Pheonix Recoveries (UK) Ltd SARl, name and address for payment is Bryan carter Solicitors. The CCJ is telling me to pay £50 per month. I am a pensioner and cant afford this amount. The debt is a catalogue debt run up by a member of my family who has lost their job. What should I do?
Thank you

Hi

Did you get court papers from Phoenix/Bryan Carter before the CCJ was granted?
Did you complete them and send them back?
Did you submit an income & expenditure account to show how much you can afford?

How much is the CCJ for and how much could you afford to repay monthly?

adelebw2469

no received nothing before getting this CCJ

I wrote to them and told them I hadnt received any correspondance before this CCJ and that I couldnt afford £50 per month. Like I said in the post this debt is not even mione, although technically I know I am liable because the catalogue was in my name. My daughter is unable to pay the £50 because she has lost her job.

The CCJ is for 1,300
Thank you

Ames

Did you know your daughter was running up a catalogue debt in your name?