CCJ Sold on - Advice please

yayomayn

Hi,

I am after a bit of advice regarding a CCJ.

MKDP LLP obtained a CCJ against me in April 2014 for £4290. When I sent back the court paperwork I agreed to pay £150 a month and received a court order confirming payment must be made by 15th of each month. I have made payments regularly by standing order on 10th of each month ever since to MKDP LLP.

A couple of weeks ago I started to receive phone calls from Robinson Way. I then received a letter stating that they had purchased the debt from MKDP and that all payments to MKDP should cease.

I finally managed to speak to Robinson Way on Friday and they informed me that they had changed the payment date to 1st of the month and that all future payments should be sent to them. I have not received any court documentation confirming this.

I have subsequently checked my credit file on Experian and the CCJ is still showing as being in the name of MKDP. It is also showing that every month's payment that I have made has "defaulted" despite me paying the ordered amount, by the ordered date without fail every month by standing order.

My questions are:

1) Should I take Robinson Way's word for it and start paying them instead of MKDP or do I need confirmation from the court? I have not received any documentation from MKDP themselves either.
2) Can they change the date of payment?
3) What can I do about the monthly payments showing as defaulted on my Experian report or is this standard practice?

Many thanks in advance for any advice!

HappyMJ

1) I'd stop paying anyone for the time being.

2) They can request you pay on a different date but you can safely ignore that.

3) You have a CCJ that's worse than defaults. I wouldn't worry about that.

yayomayn

Thanks for the reply. However, if I stop paying then surely I'm breaching the court order? And until what point do I stop paying - should I receive confirmation from the court?

I know that a CCJ is far from ideal but for my credit report to say I'm defaulting on payments of said CCJ, when I'm not, surely makes it much worse?

HappyMJ

yayomayn wrote: »

Thanks for the reply. However, if I stop paying then surely I'm breaching the court order? And until what point do I stop paying - should I receive confirmation from the court?

I know that a CCJ is far from ideal but for my credit report to say I'm defaulting on payments of said CCJ, when I'm not, surely makes it much worse?

Unsatisfied CCJ's are probably the worst things that you can have on your credit history. A few arrears or defaults don't matter. If you were to rent a property a future landlord can only see CCJ's they can't see your arrears or defaults.

You won't get anything from the court until they've given up trying to get the money out of you by asking you to pay and ask the court for permission to take further enforcement action. You'll get more letters from the creditor. You should respond to these letters clarifying exactly who owns the debt now. I'd write to MKDP asking them to confirm the debt has been sold to Robinson Way.

Never ever speak to your creditors on the phone. If they call just say you'll only deal in writing and hang up.

DandelionPatrol

HappyMJ wrote: »

1) I'd stop paying anyone for the time being.

2) They can request you pay on a different date but you can safely ignore that.

3) You have a CCJ that's worse than defaults. I wouldn't worry about that.

I've thanked you, but I thoroughly disagree with 1).

Continue to pay MKDP until and unless you receive something in writing which demonstrates that MKDP agree that RW must be paid.

If you pay nobody nothing, you are in breach of the settlement from the CCJ. If you pay MKDP and it should have gone to RW, that is a problem for RW and MKDP and this can be resolved at liesure.

[Deleted User]

I wasn't aware you could sell on a CCJ :huh:

A CCJ is an order from a court, to repay a debt, to a named person or organisation.

Surely. if that is to change, it has to be ordered by the court?

enfield_freddy

Bedsit_Bob wrote: »

I wasn't aware you could sell on a CCJ :huh:

A CCJ is an order from a court, to repay a debt, to a named person or organisation.

Surely. if that is to change, it has to be ordered by the court?

seconded


anybody else agree?

yayomayn

That was my first thought!

Going to write to MKDP, RW and the court to try and get to the bottom of it.

As it stands my CCJ is with MKDP. If RW have bought this debt then MKDP are no longer owed anything so surely the judgement is satisfied? Not disputing I owe the money at all and I'm happy to keep paying £150 a month, just want to get my head round what the legal position is!

sourcrates

Could be robbers way are unaware of the CCJ, sometimes very little information is passed on with a sold debt, however, after doing some digging, the general consensus of opinion is that if you have a court judgement saying pay creditor A, then creditor B buys the debt, they have no authority to demand payment from you, as you have an order from a court to pay creditor A.

It appears to be a very gray area, and definitive advice seems to be thin on the ground.

I would contact the court that made the original judgement, and ask them, also cc a copy to MKDP.

I would not pay robbers way anything yet, until you have clarification.

Marktheshark

A court order can only be changed by the court, the amount is frozen, nothing can be added and payment amounts and dates can not be altered.
The order is between two parties and Plaintiff is paid by the defendant.
They will have to apply for a variation order to the court and can be fully IGNORED until they do.

yayomayn

Thanks all, much appreciated. The more I look into it, the more I am definitely going to continue paying MKDP.

Will write to court and MKDP tomorrow.

Any thoughts on the credit report showing defaults? I know it's not that big a deal, but I can't understand why it would say I've defaulted on a court order each month when I haven't!