Help needed Paid CCJ But still being chased for money

chaseyboi

Hi,

Back in 2009 I had a credit card debt for £2500. This was sent to a collection agency who then instructed a solicitor. After communication broke down between us they obtained a CCJ against me.

I received my forms from the courts and was told that I had to pay £300 which I did straight away. The solicitors informed me that this was just an initial payment but would need to pay back the rest of the debt over monthly installments so this was set up. I continued to pay via direct debit but last year the solicitors advised that they were no longer dealing with the debt and advised that they have passed it back to their client.

I contacted the debt collection company who had instructed them and was told that another solicitor would be in contact to arrange future payments. Today almost a year later a solicitor contacted me advising that I need to resume payment or they would inforce the CCJ against me.

I was alarmed by this as I had not heard from anyone so I contacted the County Court who had issued the CCJ against me. I was told that the solicitors had only sued me for £300 and as far as they are aware the debt was settled. I contacted the original solicitors and was advised that they had only sued me for part payment of the debt as it would be easier to recover that amount from me but I was still contracted to pay the remaining balance.

When I challenged them over this and quoted what the Court had told me I was told I still owed the money but as they are no longer dealing I would need to speak with the debt collection company.

I have requested a certificate of satisfaction from the Court as they have told me that as far as they are concerned the debt is settled and the solicitors should not have been taking money from me after the CCJ was satisfied and to pass this on to the new solicitors.

Not really sure what to do and not sure if I need to contact any official body regarding me paying all these years when i did not have to


Many thanks

happy_bunny_2

I would think that you won't get the money back, as you do owe them the money.

I would think you have grounds for complaint if they have misled you into thinking they had a CCJ for more than they had.

I would fire off a written complaint stating what you said above.

You can refer to the FOS if they fob you off.

At least this way you will have a document stating what the situation is.

They have to apply to the court to enforce the debt, and as it's settled, it should get rejected.

[Deleted User]

If the CCJ was for £300, then who has been getting the money from the monthly DDs :huh:

sourcrates

Bedsit_Bob wrote: »

If the CCJ was for £300, then who has been getting the money from the monthly DDs :huh:

Yes, my thoughts exactly :question:

eyeopener2

Bedsit_Bob wrote: »

If the CCJ was for £300, then who has been getting the money from the monthly DDs :huh:

And how much has been paid? Very strange.

chaseyboi

Hi thanks for your replies.

The solicitors dealing with the repayment was Bryan Carter.

After the £300 was paid they kept taking payment via direct debit. If I missed a payment the would send letters informing me that if I did not make payment the would inforce the CCJ against me.

I was under the impression that the CCJ was for the full amount. I have been paying £50 per month up untill last year when they handed the debt back to Arrow Global. It was ony a few days ago when another solicitor contacted me advising that they are now dealing. The sent me a letter telling me to contact them or they would inforce the CCJ against me.

I contacted the County Court who had issued the CCJ against me and only then was I informed that the CCJ was only for £300 and as far as they are concerned that the debt was settled. The Court told me that they should not be chasing me for any more payments as they only asked for the £300. The Court advised me to purchase a certificate of satisfaction from them and send it to the new solicitors and to Arrow Global.

National_Debtline

Hello there,

We have seen a number of cases where Bryan Carter has only sued for a small balance owing under a debt. This wouldn't mean that the rest of the debt is not owed by you - although the courts may be reluctant to allow further legal action to be brought against you. The general rule is that someone should only be sued once.

It would be worth getting your certificate of satisfaction as you'll then have proof that the other party cannot try and enforce the debt.

I really hope this makes sense,

David @natdebtline

happy_bunny_2

Hi David @natdebtline

Why would they only sue for the smaller amount?

Thanks

HB

National_Debtline

happy_bunny wrote: »

Hi David @natdebtline

Why would they only sue for the smaller amount?

Thanks

HB

That's a great question, and one that I don't really know the answer to. My guess is that they are suing for their own costs. It really doesn't make a great deal of sense to me.

David.