Old CCJ sold to Moorcroft

lollybabe

Hi, I had a CCJ from a Cahoot loan back in 2005/2006. It no longer shows on my credit file but I continued to keep up the £10 per month repayment. The company I was paying then sold it to Moorcroft. I continued paying the £10 per month without questioning it. It's now around a year later and I have received an email from Moorcroft saying:

'We have recently reviewed your account and see that you have been paying a monthly instalment of £10 for some time, at this rate of payment it will take over 635 months to repay your balance.

We are sure you would like to clear your outstanding balance as soon as possible. With this in mind we would like to consider reviewing your monthly instalments to see if they remain at the appropriate level.

We understand in some circumstances you may be unable to meet the expense of an increased amount and we will be happy to discuss your current financial situation and to agree a monthly instalment arrangement that you can afford.


Please call us within the next few days.'

I'm just wondering what to do as this amount was set by the court and Moorcroft have never mentioned the fact that it is a CCJ (I'm not even sure they are aware of that fact).

As it is not mentioned on my credit file, if they increase the amount and I can not pay an increased amount would that be entered on my credit file as a default or could another CCJ be generated? I was under the impression you could not get two CCJ's for the same debt?

Many thanks

lollybabe

Anyone? Please- any advice appreciated?

Thrugelmir

lollybabe wrote: »

I'm just wondering what to do as this amount was set by the court

If there's been a change in your circumstances in the past 8/9 years. Then there's no reason for you not to pay a higher sum. As a last resort they could apply for an attachment of earnings.

lollybabe

My earnings have changed but not significantly. Just confused as they are not the original creditor and wondered what the situation is regarding the CCJ now. Thanks for replying.

thewhiteavenger

To answer your last questions first, the original credit file entry probably showed a default date. Six years after this date the whole entry was removed. It should not reappear, and you could complain if it did.

You are correct that you can only have one ccj on this, so that would be a defence to a fresh court claim, not that that seems to be being threatened.

If they knew about the old ccj, I think they would have mentioned it as the correct route for them would be to apply for a variation of the order, maybe after an 'order to obtain information'. None of this is mentioned by them.

You cannot have an attachment to earnings unless you have defaulted on a court order and they know your employer. The previous paragraph would give them a route to this, and it's not happening.

They are correct that a 50-year repayment plan is excessive. It would be good if you could get a plan together to get you debt free much sooner. Where you go from here would depend on the overall picture. It might be worth starting a new thread with a full statement of affairs.