CCJ debt (which I ignore) has been sold to a creditor I make repayments to. What will this mean?

Lagroid

ToxtethO'Grady said:

Lagroid said:

fatbelly said:

Sounds like Lowell have 16 months to decide if this is worth enforcing or not.

If you have some spare money (and it sounds like you do if you're offering repayments) then you might want to think about saving this and offering a sum in full & final settlement.

People don't often think about doing this on a ccj because there is a court order to pay the whole sum but you can see from Lowell's perspective, having paid a small sum for it, they can still show a profit with a payment less than 100% of the balance.

I racked up a lot of debt when I'd lost my job. Couldn't keep up with the repayments, so made the decision to stop paying them all. Once I got back on my feet, I contacted all my debtors to make payment plans. This one, I didn't get in time before it went to a CCJ. 

Based on the information above from @sourcrates I will wait and see if they try to enforce during the remaining 16 months. If not, I'll assume it's as good as gone. If they ever were to be provided a court order after the 16 months, I'll do what you've said and pay off an agreed (reduced) amount. Before it was sold, I received several reduced offers.

Thanks for all the advice.

Very much your decision and it will not reappear on your credit file if they do take it back to court to action it again. They would add their costs onto the debt if this was the case. Has any enforcement happened on it previously? Such as a warrant of control?

Any previous enforcement, rather like a payment within the limitation timescale, restarts the clock on the 6 years.

I hope it hasn't but just want to give you all the information to make an informed decision.

Based on everything I’ve read online since, I’m almost 100% certain they couldn’t take it back to court again. They’d have to be very good reason supplied to a judge as to why the debt wasn’t enforced within the original 6 year window. 

Plus, if that did happen (which I doubt), I’d set up a payment plan during the court proceedings before it turns to a second CCJ. So my decision to wait is a no brainer I think.

cheers

sourcrates

Lagroid said:

Based on everything I’ve read online since, I’m almost 100% certain they couldn’t take it back to court again. They’d have to be very good reason supplied to a judge as to why the debt wasn’t enforced within the original 6 year window. 

Plus, if that did happen (which I doubt), I’d set up a payment plan during the court proceedings before it turns to a second CCJ. So my decision to wait is a no brainer I think.

cheers

It can never turn into a second CCJ, legal action can only be taken once on any particular debt.

So no matter what actions are taken when this judgement drops off your file (if any) it can never come back, or be replaced by another judgement.

"If" any enforcement action did occur, it would be taken as enforcement of the original judgement, and would not show on your credit file.

Lagroid

sourcrates said:

Lagroid said:

Based on everything I’ve read online since, I’m almost 100% certain they couldn’t take it back to court again. They’d have to be very good reason supplied to a judge as to why the debt wasn’t enforced within the original 6 year window. 

Plus, if that did happen (which I doubt), I’d set up a payment plan during the court proceedings before it turns to a second CCJ. So my decision to wait is a no brainer I think.

cheers

It can never turn into a second CCJ, legal action can only be taken once on any particular debt.

So no matter what actions are taken when this judgement drops off your file (if any) it can never come back, or be replaced by another judgement.

"If" any enforcement action did occur, it would be taken as enforcement of the original judgement, and would not show on your credit file.

Yeah that’s what I thought. Thanks for the clarification. 

BadDebtor

sourcrates said:

Lagroid said:

Based on everything I’ve read online since, I’m almost 100% certain they couldn’t take it back to court again. They’d have to be very good reason supplied to a judge as to why the debt wasn’t enforced within the original 6 year window. 

Plus, if that did happen (which I doubt), I’d set up a payment plan during the court proceedings before it turns to a second CCJ. So my decision to wait is a no brainer I think.

cheers

It can never turn into a second CCJ, legal action can only be taken once on any particular debt.

So no matter what actions are taken when this judgement drops off your file (if any) it can never come back, or be replaced by another judgement.

"If" any enforcement action did occur, it would be taken as enforcement of the original judgement, and would not show on your credit file.

That is helpful sourcrates

It does raise the question "what is Enforcement Action"?

sourcrates

BadDebtor said:

It does raise the question "what is Enforcement Action"?

Enforcement action can include -

# Charging order
# Bailiff attendance
# Attachment to earnings
# Bankruptcy
# Order to appear in court

The usual stuff, only at the courts discretion though.