Can a company re add a Ccj

Jetboy_2

Hi,

I had a CCJ on a credit card which is now spent and my credit score is excellent.

Due to sickness from work I have been unable to continue paying the debt and the company are now threatening to give me a default and CCJ for this debt.

Can they do this (for the same debt) as I defaulted and was issued with a CCJ over 6 years ago which is now spent.

Arleen

Pretty sure they cannot do this, and whether this is what they've said is moot. And while the CCJ will go away from your file, it doesn't go away as a financial liability, more so as you were making payments according to some agreement and recently reneged on it.

So what they will likely do is apply to the court for a warrant for execution which, if granted, will allow them to step up the game and, for example, send bailiffs to your place to take goods in lieu of payment. As you were paying, it is likely to be granted, as they had no reason to start enforcement during the term.

Jetboy_2

Thanks for that the Debt is only for £200.

ashp_2

Debt company are probably just trying to scare you. Avoid phone contact with them they won't talk so much rubbish on paper. You should try keep paying some form of payment however small.

Arleen

It seems they already are on a warpath, and going to execution is going to add costs to the debt So you will be best to contact them and figure something out. Explain that in few months you will be employed again and then you can pay it etc.

Jetboy_2

The company is Lowell and don't know much about them or whether they will be prepared to go all the way for the sake of £200.

Arleen

Generally speaking, once they already went through the trouble of getting CCJ and collecting on it, they will go all the way. Mostly because they know that if they squeeze you hard enough some money will drip out, and that is how they make a living. So best get in touch with them and figure something out.

chanz4

Lowell will persue

fatbelly

Lowell are a debt buyer and if they are not the creditor that took court action they may not know about it. If they did know they would be quoting the court reference, which is a mixture of numbers and letters. My guess is they're not doing that.

If they did start a court claim for £200, and it's unlikely but not unheard of, then your defence would be that there is already a judgement on this debt.

If they put a new default on, then you remind them about the original default.

Yes they could then apply for a warrant of control (bailiffs) but it's all a bit unlikely.

Could you offer them £60 in full & final settlement and be done with it?