Same debt 2nd CCJ

GFUNK20UK

Hi, I took out a payday loan with cash float in 2016 I defaulted and got into trouble with them in NOV 2018 they took me to court and obviously I lost despite my plea to court for help against this ruthless company, anyway I was issued with a CCJ and awaited recovery action from Cashfloat however I never received a single shred of communication from cashfloat  since The judgment however it remained only as default on my credit filed and now today I’ve received a letter from cashfloat saying that they are applying for a CCJ due to non payment. 

Can they do this?
TIA
G

waamo

GFUNK20UK said:

Hi, I took out a payday loan with cash float in 2016 I defaulted and got into trouble with them in NOV 2018 they took me to court and obviously I lost despite my plea to court for help against this ruthless company, anyway I was issued with a CCJ and awaited recovery action from Cashfloat however I never received a single shred of communication from cashfloat  since The judgment however it remained only as default on my credit filed and now today I’ve received a letter from cashfloat saying that they are applying for a CCJ due to non payment. 

Can they do this?
TIA
G

I'm sorry but that makes no sense at all. You say there are 2 ccj's but then you say it's stayed as a default and that they are applying for one. 

What EXACTLY have you had from the court? Not from Cashfloat but from the court.

KeithP

GFUNK20UK said:

...I was issued with a CCJ and awaited recovery action from Cashfloat however I never received a single shred of communication from cashfloat...

You had a County Court Judgment against you which instructed you to pay the Claimant within nn days and you did not obey that instruction of the Court?

Why is that?

DoaM

If the OP was needing the services of a payday lender then their credit file was probably trashed anyway - a CCJ wasn't likely to have any real impact.

GFUNK20UK

Hi thanks for the input, I’ll try and clarify where I can I made several attempts at offers of repayment with CF which were rejected they then applied for N1SDT and I was asked by Leicester  county court to provide a defence I received a letter from the court “it is ordered at 1. The defence filed herein, disclosing no reasonable grounds for this action, such defence is hereby struck out

2 defendants time for filling a defence is extended to 7 days after service of this order after which period the claimant may enter judgment for the sum claimed.

3.this order was made by courts own initiative without hearing the parties or giving opportunity to make representation any party may apply to have set aside no later than 7 days from judgment.

so naturally I fully expected cashfloat to make contact following the judgment to re coup the amount outstanding they didn’t I haven’t moved I haven’t changed my number or email I wasn’t really sure what I was supposed to do especially when I can’t afford it......

2 years now passed since that judgment and I’ve received an email From cashfloat stating the are issuing N1SDT.

my credit file has always remained in default with cashfloat.

any useful advice would be helpful 

waamo

Right that's helpful thank you. The court gave you 7 days to amend your defence. I'm guessing you didn't submit a new one. Cashflow didn't need to do anything nor were they expected to do anything.

Having failed to submit a defence you got a ccj that could be enforced. They are under no obligation to enforce it immediately. They have up to 6 years to enforce it. They've taken their time which is their prerogative. 

GFUNK20UK

Ok thanks, I just don’t understand why they would wait 2 years just to file another N1SDT to presumably have exactly the same outcome as the first 

waamo

GFUNK20UK said:

Ok thanks, I just don’t understand why they would wait 2 years just to file another N1SDT to presumably have exactly the same outcome as the first 

Have they issued a second claim recently and is this definitely for the same debt?

GFUNK20UK

They haven’t physically issued it I’ve just received an email threatening it, It’s definitely the same debt same balance same account details etc, I’m struggling to understand the logic 

waamo

I think they mean enforcing it. A genuine letter before claim (which is a requirement before a claim) must be sent by post. They know this. A second claim for the same debt won't fly. 

The question is, I guess, what do you want to do about the original ccj? You have 2 choices either pay it or hope they don't send burly blokes to take your widescreen.

GFUNK20UK

I Really appreciate your input waamo thanks, I suspect they are just playing games as they have done from day one, so I’ll wait and see what happens next, it’s almost like they forgot they took me to court already. I’ll fight it again if it does indeed go to court and weigh up the options, if they were in a position to send the baliifs I thought surely they should have done it 2 years ago

thanks again
G