CCJ Wrongly Applied

sp1987

sarahxfbu wrote: »

Thanks,
What I still don't understand though is how he has never been chased by the courts for not paying the payment arrangement that they will have arranged in his absence at court?
The company has only ever been receiving the amount that was agreed with Payplan, they've never asked for anything else? (i.e information order, attachement of earnings, bailiffs etc etc)
I don't understand.

Court papers are sent to your partner, he doesn't respond. After the 14 days have elapsed for sending in an acknowledgment of service (reply form in the court papers) or defence, the claimant can apply for judgment automatically. No court, no hearing. It is just done.

It is here if you want to read it:
http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part12.htm

They obtain the CCJ so they have it to enforce if they need/want to. Probably in case he stopped paying his DMP. You never 'have' to enforce a CCJ. Some people will get a CCJ (eg against a skint ex business associate who hasn't repaid them) just to have obtained it in case that person comes into assets later, or just to have it.

Does that make sense? I'm mindful my explanations are often poor when I'm shattered.

sarahxfbu

Ahhh so they just applied for the CCJ in the event that they may in the future want to proceed with enforcing it and getting a better repayment amount from him.
They needn't have bothered then given that they've never disputed it!
Thanks HSBC :S

Thanks for your info. :T

sp1987

sarahxfbu wrote: »

Ahhh so they just applied for the CCJ in the event that they may in the future want to proceed with enforcing it and getting a better repayment amount from him.
They needn't have bothered then given that they've never disputed it!
Thanks HSBC :S

Thanks for your info. :T

You are very welcome.

I've given up wondering why some companies do the things they do.