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Awaiting CCJ - How long?

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Comments

  • PixelPound
    PixelPound Posts: 3,064 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Gemm83 said:
    There's no general rule.  

    Some will issue them as and when they can, some will save up batches and do them all at the same time.   

    Some will wait to see if you get round to paying them of your own volition before spending time and money in taking you to court.

    And of course, some won't go down the CCJ route at all if the value's not worth it.
    It's 2k so I would think they probably would. Many thanks for all your help. Will brace myself for Dec/Jan. 
    If you wait until the CCJ, then you'll be paying costs and fees
    https://www.gov.uk/make-court-claim-for-money/court-fees

    So £115 court fee plus whatever solicitor costs the company add, plus they can claim interest at 8%pa - which is another £160 even if they charge for just one year. Plus the actual court fee to issue the Judgment. So your £2K could soon be £2.5k.


  • Gemm83
    Gemm83 Posts: 237 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    nic_c said:
    Gemm83 said:
    There's no general rule.  

    Some will issue them as and when they can, some will save up batches and do them all at the same time.   

    Some will wait to see if you get round to paying them of your own volition before spending time and money in taking you to court.

    And of course, some won't go down the CCJ route at all if the value's not worth it.
    It's 2k so I would think they probably would. Many thanks for all your help. Will brace myself for Dec/Jan. 
    If you wait until the CCJ, then you'll be paying costs and fees
    https://www.gov.uk/make-court-claim-for-money/court-fees

    So £115 court fee plus whatever solicitor costs the company add, plus they can claim interest at 8%pa - which is another £160 even if they charge for just one year. Plus the actual court fee to issue the Judgment. So your £2K could soon be £2.5k.


    Understood. Last time I called Lloyd's I was on hold for atleast 45 minutes before I was cut off. Went from dept to dept. I would have thought that the company it was with would be listed on my CR's, but ive looked at all of them and they are just staying Lloyd's, no debt agencies which I assume it is currently with 🙄
  • D3xt3r5L4b
    D3xt3r5L4b Posts: 1,852 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    It depends. If Lloyds have sold it on then it will show the agency that now owns the debt. If they have instructed a collection company to act on their behalf then it will still show as Lloyds.
  • Gemm83
    Gemm83 Posts: 237 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    It depends. If Lloyds have sold it on then it will show the agency that now owns the debt. If they have instructed a collection company to act on their behalf then it will still show as Lloyds.
    That's interesting. As the only correspondence had regarding it was from Moorcroft many moons ago. Assuming they are collection as opposed to selling on then 🤷‍♀️
  • D3xt3r5L4b
    D3xt3r5L4b Posts: 1,852 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    Did you speak to moorcroft?
    Have you also moved address - the may have an account for you under a previous address?
  • Gemm83
    Gemm83 Posts: 237 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Did you speak to moorcroft?
    Have you also moved address - the may have an account for you under a previous address?
    Yes. Nothing on record for me. I have moved twice (private renter) and married. Gave previous addresses and maiden name. Nothing! It's doing my head in!! 
  • PixelPound
    PixelPound Posts: 3,064 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Gemm83 said:
    nic_c said:
    Gemm83 said:
    There's no general rule.  

    Some will issue them as and when they can, some will save up batches and do them all at the same time.   

    Some will wait to see if you get round to paying them of your own volition before spending time and money in taking you to court.

    And of course, some won't go down the CCJ route at all if the value's not worth it.
    It's 2k so I would think they probably would. Many thanks for all your help. Will brace myself for Dec/Jan. 
    If you wait until the CCJ, then you'll be paying costs and fees
    https://www.gov.uk/make-court-claim-for-money/court-fees

    So £115 court fee plus whatever solicitor costs the company add, plus they can claim interest at 8%pa - which is another £160 even if they charge for just one year. Plus the actual court fee to issue the Judgment. So your £2K could soon be £2.5k.


    Understood. Last time I called Lloyd's I was on hold for atleast 45 minutes before I was cut off. Went from dept to dept. I would have thought that the company it was with would be listed on my CR's, but ive looked at all of them and they are just staying Lloyd's, no debt agencies which I assume it is currently with 🙄
    Companies have to follow the Pre-Action Protocol and write to you before they issue a Claim - so you avoid C&F if pay at this stage.

    Was the Lloyds ac taken out at your current address, did Moorcroft contact you at your current address?
  • sourcrates
    sourcrates Posts: 31,814 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 14 October 2020 at 7:44PM
    You are over thinking this, and thats not a critisism, this is the secretive way banks do buisness, many accounts are left dormant by the original creditor because of some commercial reason why they choose not to chase them.
    The call centre staff will not be able to tell you the accounts status as these decisions are made well above their paygrade, but i can tell you this, Lloyds will not take legal action against you, its quite rare for an original creditor to do so, and usually only happens if theres a lot of money outstanding.

    They may or may not sell on your debt before the limitation period runs out, if they don`t then you have a full defence to any claim, if they do, as mentioned above,  the DCA that buys it will run through their standard range of collection letters with you, if they are aware of the default date, they may simpley skip to a "LBA" (Letter before action) which allows 30 days to reach an agreement without going to court.

    Remember, the clock is still ticking until the point they send an actual claim form, so i`ll take a wild stab in the dark here and say as its near the end of October now, its unlikely anything will happen at this late stage, protocol must be followed, and there simply is not enough time left before this becomes statute barred.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Gemm83
    Gemm83 Posts: 237 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    You are over thinking this, and thats not a critisism, this is the secretive way banks do buisness, many accounts are left dormant by the original creditor because of some commercial reason why they choose not to chase them.
    The call centre staff will not be able to tell you the accounts status as these decisions are made well above their paygrade, but i can tell you this, Lloyds will not take legal action against you, its quite rare for an original creditor to do so, and usually only happens if theres a lot of money outstanding.

    They may or may not sell on your debt before the limitation period runs out, if they don`t then you have a full defence to any claim, if they do, as mentioned above,  the DCA that buys it will run through their standard range of collection letters with you, if they are aware of the default date, they may simpley skip to a "LBA" (Letter before action) which allows 30 days to reach an agreement without going to court.

    Remember, the clock is still ticking until the point they send an actual claim form, so i`ll take a wild stab in the dark here and say as its near the end of October now, its unlikely anything will happen at this late stage, protocol must be followed, and there simply is not enough time left before this becomes statute barred.
    Thankyou for such a detailed response, really do appreciate it. 😊
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