Debt collector chasing more money after Judge ruling CCJ

flubdub

Does anyone know where I can find a template for a harrasment letter? All the letters I can find are harrasment by phone, not post.

Gordon_Hose

flubdub wrote: »

Does anyone know where I can find a template for a harrasment letter? All the letters I can find are harrasment by phone, not post.

I'm not sure sending letters is classed as harassment.

Personally I'd just bin them.

Hanky_Panky

I think the advice you have received so far is a bit daft.

Personally i would be working with them to demonstrate you can't afford anymore. Yes they can take you back to court to do it and you get more fees added on to the debt you owe - hardly money saving is it ?

Why not just co-operate a bit ?

Gimpsdad

If you are on benefits, and have little in the way of assets, have you considered a DRO or, if applicable, bankruptcy?

If a DRO is right then £90 and you are rid of these parasites forever.

Gordon_Hose

Hanky_Panky wrote: »

I think the advice you have received so far is a bit daft.

Personally i would be working with them to demonstrate you can't afford anymore. Yes they can take you back to court to do it and you get more fees added on to the debt you owe - hardly money saving is it ?

Why not just co-operate a bit ?

Have a word. All the OP needs to do is pay what is ordered, they don't need to demonstrate anything. The OP's ability to pay has already been scrutinised and circumstances haven't changed, so nothing would happen in court and no fees would be added to the debt.

Do you work for Link?

Hanky_Panky

Gordon_Hose wrote: »

Have a word. All the OP needs to do is pay what is ordered, they don't need to demonstrate anything. The OP's ability to pay has already been scrutinised and circumstances haven't changed, so nothing would happen in court and no fees would be added to the debt.

Do you work for Link?

I don't think you are paying attention.

The OP has already stated that her circs have changed - albeit by not much. The REAL issue here is that the creditor can go back to court for a redertermination hearing to assess the current level of payment anyway. Why force them to do that and therefore incur charges when you can do it voluntarily - some common sense needs to apply here it's not all about creditor bashing, sometimes it is in the 'debtors' best interest too.

Mrs_Arcanum

Are they still charging interest? Just that having got the CCJ, unless they are seeking a redetermination all you should get is an annual statement showing how much you still owe and what has been paid. Redetermination should only be sought if new information comes to light or you have missed payments I would have thought (I could be wrong though).

I would just send a letter stating "According to my CCJ the amount I should pay is £5 pcm. This payment has not been missed and I am sending a little more than this each month in an effort to clear the debt sooner. Please stop sending letters asking for money it has been deemed by the court I do not have. I consider this harassment and request these stop immediately. As and when my financial situation permits I will send more money."

Good luck.

awayinchina

Hanky_Panky wrote: »

I don't think you are paying attention.

The OP has already stated that her circs have changed - albeit by not much. The REAL issue here is that the creditor can go back to court for a redertermination hearing to assess the current level of payment anyway. Why force them to do that and therefore incur charges when you can do it voluntarily - some common sense needs to apply here it's not all about creditor bashing, sometimes it is in the 'debtors' best interest too.

Ok, yes, the circumstances have changed slightly. But, the judge made a ruling and regardless of the ruling of the judge the DCA is intent on pushing for more. So, either a DCA has to abide by the rulings of the judge as a debtors has. Or, both can ignore.
Should, this go back to court and the debtor can present the evidence of harassment by the creditor. Do you think the judge is going to be happy with such actions? and just say well my words and ruling i made be ignored.
If I was in this position i would refer back to my orignal increase in payments of £7 and tell them I have already increased my payments where the judge ordered I pay £5. I advise you roll with it or take me back to court and present evidence of harassment.

Gordon_Hose

Hanky_Panky wrote: »

I don't think you are paying attention.

The OP has already stated that her circs have changed - albeit by not much. The REAL issue here is that the creditor can go back to court for a redertermination hearing to assess the current level of payment anyway. Why force them to do that and therefore incur charges when you can do it voluntarily - some common sense needs to apply here it's not all about creditor bashing, sometimes it is in the 'debtors' best interest too.

I am fully paying attention, thanks.

They can go back to court at any time they like. The fact they haven't mentioned this and are asking for money means that they are just trying to intimidate more money out of the creditor WITHOUT going back to court.

If Link went for a re-determination they wouldn't get any more money, and the debtor wouldn't get any charges added.

Unless you work for Link and are trying to worry the OP with your fantasy unnecessarily?

Hanky_Panky

It's like watching the blind lead the blind on this one.

Couldn't care less about Link one way or the other. I really do care that the OP might get charged more (this is a money saving site after all !!) when it can be easily avoided.

It's all very well getting all militant about dca's etc but as I mentioned sometimes take a step back and use some common sense.