Advice re CCJ and Full and Final settlement

Ken100464

First post here but want to say what a brilliant forum this is. Learnt so much from you all in such a short time. So thank you.

Now to the advice I am seeking. But some background first.

I have a CCJ for £21.50 a month to a DCA who took out the CCJ on behalf of one of the big CC companies. They further went for a charging order against the house which they also obtained. What I would have given to have had all of you giving me advice back then 3 years ago. Sadly not to be and now its time to try and start the recovery back to DFD. Present balance on this debt is £2400. I am at present paying £55 a month due to not being aware that somewhere like this place existed. So know all about DCA's and the bullying underhand tactics employed first hand. Again so wish I had known I wasnt alone, I wasnt bad and had just had life throw its googly.

The £55 is going to the DCA but they will always refer to the "Client" when in threatening mode. Debt defaulted and original CCC have not spoken to me since just before the CCJ.
( As an aside nothing I can do now but should the DCA have been even trying to exhort more payments out of me if there was a CCJ in place and I didnt miss one payment?)

Anyway a change of circumstances has led to the chance of me being able to scrape together a full and final offer.

I have read all the wonderful advice on here in relation to writing to the DCA and the wording of letters when going through this process.

My question relates to what happens IF they accept? Excuse my ignorance of the law but if the debt is set to zero, no further claims for the remainder from anyone and the matter is set to part/fully settled on the credit file does this then remove the charging order and CCJ. Do they become spent or some other such term? I understand they remain on file for the 6 years.

If they do indeed end/become spent/or whatever term is used is there anything else to do? Do I need to ask the DCA to set any marker on the credit file? Do I need to go to court? Infact is settling via a full and final even a good idea when there is a CCJ/charging order involved?

My apologies if this has been covered before but have spent a considerable amount of time reading up about CCJ's on here and threads seem to deal with when they loom and how to try to avoid them and why its such a good idea.

Now I am in the position to start to dig myself out of the hole I am in it would be great for some advice/guidance on how to rectify some of the crazy stuff that being in debt does.

Once again thanks for the advice while I was lurking you are all brilliant.

DVardysShadow

If they have a charging order, they probably won't be open to F&F's because they can always take the whole lot when the house is sold - at least that would be my take.

Ken100464

Many Thanks for the reply.

I was of the same thoughts as to yourself but on the last attempt at extracting additional monthly amounts the DCA offered 90% settlement ( Do I have that right? They have offered to knock a couple of hundred off the total as a settlement figure)

This has set me thinking as to what would actually happen IF I got a full and final settlement.

Reading the forums and being a lurker in general it would seem the DCA is willing to negotiate.

But like you am a bit distrustful of a DCA's motives. Why if they have a charging order do they need to offer anything. They got it already all neatly sowed up.

I am in a better position and if the settlement offer was reasonable then I would be willing to deal.

But I just have this nagging feeling its a stitch up.

Anyone come across this at all?

Thanks to anyone who could shed any light on this.

DesperateSusan

DVardysShadow wrote: »

If they have a charging order, they probably won't be open to F&F's because they can always take the whole lot when the house is sold - at least that would be my take.

I know this is resurrecting an old thread, but just to say the I'm ina similar position - CCJ and charging order, yet DG Solicitors who I pay the money to and part of HSBC have without my contacting them offered a full and final settlement that is lower than the balance.

Best,

Sue