Debt collector chasing more money after Judge ruling CCJ

Hanky_Panky

DVardysShadow wrote: »

It all goes back to the above.

Yes, the creditor can go back to court for a redetermination. And if they have reason to believe that there is a change of circumstances, then they should make their choice.

But this is not a matter of the OP forcing them to go down that road. OP states that that they are paying as much as they can.
But how does the dca know that ?

So there is absolutely no point in OP paying more than the £7 they are paying at the moment. If the creditor applies for a redetermination hearing, and the judge orders £7, the costs would rightly fall on the creditor. And even if a higher amount were awarded, if the costs would actually mean that the debt would take longer to pay even with the higher payment, then I think that costs should not be awarded.

If the OP cannot afford more than £7, then there is no point in them paying more than £7. I suspect that if OP was able to offer £9, then the payments would be increased to £9.

To me, this particular creditor looks to be flogging the willing horse. And you seem to be joining in.

In post No. 4 the OP states she/he doesn't want to go back to court and I can certainly understand why.

All I am suggesting is cooperating with the dca to substantiate the payment level she/he is currently making and avoid any possibility whatsoever of having to go back to court and any potential fees (however unlikely).

DVardysShadow

Hanky_Panky wrote: »

But this is not a matter of the OP forcing them to go down that road. OP states that that they are paying as much as they can.

But how does the dca know that ?

That is about the nub of it and your only substantive point.

The DCA does not know and for the most part will never know - and this is true of all CCJ's where installments are ordered. The DCA are essentially going on a fishing trip. Once the matter has been decided by the court, then any changes are either voluntary on the part of the debtor or decided by the court.

It is unacceptable - and not justice - for DCA's to go fishing and threatening redetermination after a CCJ unless they have substantive evidence of a change in the debtor's circumstances. It is certainly not acceptable for DCA's to have a policy of trying to push debtors beyond the installments ordered without evidence. And to my mind, it requires evidence of a fairly substantial change in circumstances - change of address, linked to purchase of a property, car bought on finance.

Even if there is a change in circumstances, I think that the DCA should be writing and saying that they have noted a change in circumstances, declare their evidence and ask for an explanation as to why this should not go to redetermination. In this case all the evidence they have is actually that OP is paying £2/month over the order. Which to my mind is a waste of the courts time to go for redetermination - and might rightly get marked as vexatious litigation.

But the DCA is not going down this road. They are sending randomly frightening looking correspondence such as default notices, trying to appear bigger than they are and frighten the OP into phoning, as though this were an run of the mill pre CCJ debt.

Post CCJ, they have the 4 oz of flesh the judge allows them, rather than the full pound. And they should be satisfied with that. Fishing trips are clearly harassment. If they don't know whether the OPs' circumstances have changed, they should respect the court judgement until such time as they have a clear basis to justify a redetermination with a substantial prospect of success.

flubdub

Thanks everyone for the advice I'm a little happier now knowing that the chance of Link taking me to court again are small. I'm a little !!!!ed that they keep egging me for more money. I haven't done, but Definately will keep any future letters off them. Does anyone know if the £5 pcm that the judge ordered, is the minimum they can order, because we were on benefits? We're not on benefits now, so would worry that a judge would order more, regardless of our situation. Not sure if I mentioned it in the first post, but the CCCS Income/Expenditure says we only have £30 a month left after bills. If a judge were to order an amount like that, we'd be knackered.

Gimpsdad

Please, please, please take some proper, professional advice as to your best options. It is not uncommon for multiple debts to exist in situations like these, and it is very easy to end up being pulled from pillar to post. If you are in a position where you can only afford £30 per month then you nave to give serious thought to either bankruptcy or a debt relief order. There may be reasons why you cannot go down those routes, but there is nothing in any previous posts that is immediately obvious. Do you have other debts at all, or is it just this one? Are you a homeowner? Do you have any assets over £300? If there is a car, is it worth over a £1,000? These answers may give clues as to how to bring an end to it all for you in the quickest possible time.

flubdub

Gimpsdad wrote: »

Please, please, please take some proper, professional advice as to your best options. It is not uncommon for multiple debts to exist in situations like these, and it is very easy to end up being pulled from pillar to post. If you are in a position where you can only afford £30 per month then you nave to give serious thought to either bankruptcy or a debt relief order. There may be reasons why you cannot go down those routes, but there is nothing in any previous posts that is immediately obvious. Do you have other debts at all, or is it just this one? Are you a homeowner? Do you have any assets over £300? If there is a car, is it worth over a £1,000? These answers may give clues as to how to bring an end to it all for you in the quickest possible time.

Hi, this is my only debt, apart from an Argos card with £180 on it. Bankruptcy would only save me the £7 a month, and it would cost me £500+ just to do it.

Gimpsdad

Well, that's BR out, but a DRO, which only costs £90, is well worth looking at. You even have up to 6 months to get the £90 together. Your call of course.