Debt collection agency & CCJ query

DramaQueen29

Had this a couple of times now where a company we owe money to have sold or passed the debt onto a collection agency who have then charged interest on top.

Can they do this? also am i within my rights to say no we only owe X to this company and thats what we will pay towards?

Also CCJ's we have informed agencies and companies of our address move, however some seem to ignore this, my question is if the debt goes to CCJ stage and it goes to the wrong address so we arent aware of it, what happens? this one has been keeping me awake at night, some of the companies we have asked for statements from just say sorry not dealin with it now and wont tell us who is.

Quite frightening.

fermi

If you get a CCJ under these circumstances, then you may be able to apply to the court to have it 'set aside'.

The reasons the court would accept, and the procedure for doing so are in this factsheet:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

I know debts can be sold on, but I don't what exactly the rule/law is on what interest and charges can be fairly added.

DramaQueen29

thanks but Im more thinking about what if you dont know there is a CCJ, does it all carry on even though they get no reply from you?

Companies are ignoring letters of address changes and i cannot afford two lots of redirections even more so now its gone up to over £7 a month each.

Crown

Unless some type of payment plan is set up wit hthe DCA then they do have the right AFAIK to sell the debt on and of course charge you cost of doing so.

If you have made an agreement and have stuck to it then I doubt it would even be an issue. Have you informed the company of change of address without making payments to them?

Also even if the debt has been sold on then you should be able to contact the original creditor who should still be bale to tell you who holds the debt.

Have you got copies of your credit reports from the 3 maon sourcces. this should tell you who you owe the money too

fermi

DramaQueen29 wrote: »

thanks but Im more thinking about what if you dont know there is a CCJ, does it all carry on even though they get no reply from you?

It is possible for the court to give a 'default' judgement, since as far as the court is concerned you would have simply failed to respond to the claim.

From the link I posted:

DEFAULT JUDGMENT

You may have a default judgment made against you where there was no hearing and you have not sent back the 'Acknowledgement of Service' form to say you intend to put in a defence. You may also have a default judgment made against you if you have not sent in the reply form asking for time to pay within the time limits.
You should not have a default judgment if you:

• paid off the whole amount owed.

The court must set aside the default judgment if you either:

• sent back the acknowledgement of service form with the time limit; or
• put in a defence within the time limit; or
• sent in the reply form asking for time to pay within the time limit.

The court may agree to set aside the default judgment if you did not send in a reply form within the time limit if it thinks:

• you have a real chance of a successful defence to the claim; or
• the court thinks you have a 'good reason' to set aside the judgment e.g. where you did not get the papers through the post.

Make sure you send and notifications of change of address recorded delivery, and keep a copy.
Lots of these companies will ignore you if you don't.

DramaQueen29

Some companies have moved on debts and we wrote to all the companies to ask for statements and give new address and also ask who was dealing with the account.
One or two have written back saying they have passed on the debt and that company will contact us shortly, but its still gonig to the wrong address, or they said they wont give a statement as we didnt enclose a payment, however we cant if we dont know what the amount is owed.
Some of these companies havent acknowledged us for up to 2 years!
Apparently hardly anyone is getting the trouble we are having with them, i dont understand it, we are keeping in contact but now ive lost my job i cannot keep affording to redirect mail from several houses just in case we get a ccj etc at the moment cant even afford to send out letters recorded or at all! i know it sounds dramatic (really wish ihadnt chosen my username!) but its true, Im overdrawn and any money coming in goes into that account to pay it off in forms of cheques or paypal i have about 4p until OH gets paid and then its all allocated for bills again even though we have cut down on our spending we have stuff on year contracts we cannot cancel and electric/gas bills following us from 2 houses ago.
Trying really hard to sort this but feels like a loosing battle sometimes