CCJ from Moorcroft Debt Recovery

nadine12

Help I need some advice about this horrible company! I had an account with Next Directory (one of a number which I got into difficulties with) and owed them around 700 quid. Back in about May I rang and said I could not pay the arrears, they then said they would take payments of 70 pounds per month to get back up to date. I should not really have agreed to this as I made one payment at that point and then couldn't afford to pay any more after that. Any way things seemed to move really quickly from then and by August the debt had been passed to Moorcroft. It went up by about 200 pounds with fees and as I was not quick enough to respond (burying my head in the sand) they just went ahead and issued court proceedings!! I received the blue court papers from them, then a solicitors letter saying we could still sort this without going to court. So I rang. I asked for a full and final settlement figure as we are trying to take out a secured loan at the mo to pay stuff off but was told that it had already been to court (even though I had not responded to the claim yet?) so no settlement figure was available. They would accept 5 payments of about 180 quid or nothing. I am in no position to pay this amount of money every month (I couldn't afford the 70 so how can they expect this) and was told at that point that if I was to make an offer of payment then a CCJ would be made against me. I could only afford to offer 30 per month so completed the court forms in the 14 days and sent it off. Anyway I am kicking myself now because having read the forums if I had requested a copy of the credit agreement and they could not provide it, then it seems they cannot chase you for the money. I can't recall that I did ever sign anything for this account and it does not show on my Experian credit report either. What I want to know is, does this mean without the credit agreement they would not be able to get a CCJ? Sorry this is long-winded, but obviously I am gutted about the CCJ and feel they have been really heavy handed with this. Other debt companies I am dealing with have been much more helpful and willing to give me a chance to put things right. This is really worrying me now with regards to re-mortgaging and things in future as a CCJ doesn't look good!

RAS

This needs a big bump.

In the mean-time Nadine, can you ring the court and find out what stage the paperwork is at?

rog2

It IS worth asking for the credit agreement, but it's probably a bit late in your case, since you have, by filling in the Court form, basically acknowledged the debt to be correct.
However, you HAVE done the right thing in making an offer, that you can realistically afford, to the Court. The Court will look at your case and will make an order, based on what you CAN afford (this is most likely to be your offer of £30.00) and is MOST UNLIKELY to accept Moorcroft's demand for £180 per month.
Another positive, concerning the CCJ, is that Moorcroft will HAVE to accept the Court's ruling - they will not be allowed to add any further charges and should not harass you for any payment, providing you continue to pay the amount that the court orders you to.
Once you have finished paying the debt, you can apply for a 'certificate of satisfaction, and the reference to the CCJ, on your credit file, will be marked as 'satisfied'.

nadine12

Thanks for your replies, unfortunately received the notification of the CCJ this morning!! They accepted the 30 pounds which is some consolation. They did say however if I can pay it off in full in one month it will be removed from the register, so if we do manage to get that loan in time I may just do that.

rog2

nadine12 wrote: »

Thanks for your replies, unfortunately received the notification of the CCJ this morning!! They accepted the 30 pounds which is some consolation. They did say however if I can pay it off in full in one month it will be removed from the register, so if we do manage to get that loan in time I may just do that.

Okay - the Positives are:

1. MOORCROFT :eek: can, legally, no longer chase you for payment, providing you keep to the agreed £30 payment. Any further calls/letters from these thugs, demanding money, should be treated as harassment and be reported to the OFT/FSA and, if they continue, to the Police.

2. It is likely that, if you have applied for a loan, the 'credit check' has already been done and is unlikely to be affected by this CCJ.

3. If you CAN pay it off, within 28 days, then there will be NO reference to the CCJ on your credit file.

keith_lard

How have they taken this to court with the orignal agreement????

How have they proven this debt is yours??

I always thought they needed this to gain a CCJ??