Debt collector chasing more money after Judge ruling CCJ

flubdub

Ok, basically, in 2008/09 I got an Asda credit card and used it to its limit of £2200. My circumstances changed and I was unable to make any payments on this card whatsoever (our house was repossessed - it wasnt good). The debt was sold to Link Financial and they took it to court where a CCJ was issued against me. I was currently on full benefits and the judge ordered I pay £5 a month to pay off this debt.

For the last couple of years, I have paid Link by D/D £7 a month (all I can afford, but more that the Judge ordered), however, Link keep writing to me saying that my account is in arrears (it cant be) and that my account is due for reviewing to see if my circumstances have changed.

Is this right? I was under the impression that if a Judge has ordered the amount that I pay - then that is the amount that I pay until the debt is cleared. Obviously if I come into some money, then I will pay the debt off, but until then, isnt it "What the judge says, goes"?

Tr1pp

This is harassment, Write a letter TELLING them to stop sending letters to you claiming things that are not true. Make sure you make it clear that if they do not cease you will take the matter further.

Gordon_Hose

They are trying to scam more money out of you. Pay what the judge ordered and they can't do jack s**t.

In fact, I'd reduce your payment to £5, just for them being a bunch of moronic idiots. See how they like that.

flubdub

Wow thanks peeps!! I was getting worried incase they took me back to court. So, my account isnt really in arrears? They sent me one of those "Default Notice" advice sheet thingys that you get when you default. My account just CANT be in arrears though. I was going to ring them, but didnt want them to frighten me further. These people are ruthless :mad:

Gordon_Hose

They can take you back to court for a re-determination hearing, where they can ask for more money. But if your circumstances haven't changed the judge is unlikely to make you pay any more than you are now.

Link Financial know this, so they send you sneaky letters hoping to get you worried and pay more.

Link are the lowest of the low. Pay what you were ordered and they can whistle for the rest.

flubdub

Gordon_Hose wrote: »

They can take you back to court for a re-determination hearing, where they can ask for more money. But if your circumstances haven't changed the judge is unlikely to make you pay any more than you are now.

Link Financial know this, so they send you sneaky letters hoping to get you worried and pay more.

Link are the lowest of the low. Pay what you were ordered and they can whistle for the rest.

Hi, My circumstances have changed, but not much. We're not on benefits now, but according to the CCCS budget planner, we have £30 a month left over after food/bills etc.

flubdub

Should I send them a harrassment letter? Will that spark them to take it back to court?

Gordon_Hose

No, it'll just stop them writing to you. They weren't going back to court anyway.

flubdub

Wonderful, thankyou

flubdub

Does anyone know if you can CCA a creditor, even if there is a CCJ on the debt?

Gordon_Hose

There's very little point and a waste of a postal order if there's already a CCJ.