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CCJ help...

edited 30 November -1 at 1:00AM in Debt-Free Wannabe
18 replies 2.1K views
K.O.K.O. Forumite
2 posts
edited 30 November -1 at 1:00AM in Debt-Free Wannabe
Good day all!

Recently I received a CCJ. That I understand. What I do not understand is the fact that the court also told me that I need to make payments to the company every month.
Is this normal? If not what do I do about it? I'm confused mostly due to the fact that if I still have to pay monthly surely I could have simply entered into a monthly payment plan with the company... any help that can be given will be greatly apricated.

Many Thanks in advance

KO
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Replies

  • boo_starboo_star Forumite
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    You owe someone money, the court agrees and says you should repay it at the rate of £X per month. What's weird about that?

    You could have made an agreement to repay £X per month and avoid the CCJ but you didn't.
  • MEM62MEM62 Forumite
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    K.O. wrote: »
    I'm confused mostly due to the fact that if I still have to pay monthly surely I could have simply entered into a monthly payment plan with the company...

    You would have been offered that arrangement, probably serval times, before your creditor went to court. The CCJ would have been pursued because they felt that you were not cooperative with their earlier attempts to collect the money. Court is not usually the first resort.
  • CakeCrusaderCakeCrusader Forumite
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    You could have entered into a payment plan with the company and avoided the CCJ, but for whatever reason this didn't happen. You just need to sort the repayments out directly with the company. Unfortunately this will stick around on your credit file for the next 6 years unless you're in the position to clear this off in full within the next month. :(
  • [Deleted User][Deleted User]
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    MoneySaving Newbie
    If you can pay it in full within 1 month of issue then it will be removed from your credit files.
  • sourcratessourcrates Forumite, Board Guide
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    K.O. wrote: »
    Good day all!

    Recently I received a CCJ. That I understand. What I do not understand is the fact that the court also told me that I need to make payments to the company every month.
    Is this normal? If not what do I do about it? I'm confused mostly due to the fact that if I still have to pay monthly surely I could have simply entered into a monthly payment plan with the company... any help that can be given will be greatly apricated.

    Many Thanks in advance

    KO


    A county court judgement is the creditors insurance policy that they will receive there monthly payment from you, as obviously you had problems doing this in the past for whatever reason.


    Should you not stick to the arrangement they will be able to further enforce the judgement using bailiffs or other options.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File and Ratings, Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to:
    [email protected].
    Any views expressed are mine and not the official line of MoneySavingExpert.com.
    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
  • edited 3 December 2018 at 3:32PM
    Just_DiJust_Di Forumite
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    edited 3 December 2018 at 3:32PM
    K.O. wrote: »
    Recently I received a CCJ. That I understand. What I do not understand is the fact that the court also told me that I need to make payments to the company every month.
    Is this normal? If not what do I do about it? I'm confused mostly due to the fact that if I still have to pay monthly surely I could have simply entered into a monthly payment plan with the company.

    The sum due under a County Court Judgment must be paid direct to the Claimant and not to the court to forward to the Claimant (if that's what you're asking :) ).

    Did you actually receive the claim form giving you the opportunity to either defend or admit the claim, or have you only received a Default Judgment (CCJ) since you didn't respond by the deadline because you didn't get the original paperwork?

    If you filed an admission of the claim giving your Income & Expenditure and offering a monthly payment amount, then that would have been sent to the Claimant to accept or refuse. If the amount offered was accepted then there would be an Order (CCJ) for the amount they accepted.

    If the monthly amount ordered is more than you can afford, then you can make an Application to Vary that Order although there is a fee for doing this unless you are on no or low income so entitled to fee remission.

    Even if you had made an offer to the Company before the claim was issued there's no way of guaranteeing they would have accepted it because if this was a debt purchaser they may have still issued legal proceedings to get the certainty of a CCJ giving them the right to pursue enforcement of it, such as bailiffs, Attachment of Earnings or a Charging Order on your property (if you own one) if the CCJ is for £1k or more.

    Di
  • Just_DiJust_Di Forumite
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    sourcrates wrote: »
    A county court judgement is the creditors insurance policy that they will receive there monthly payment from you, as obviously you had problems doing this in the past for whatever reason.

    Our posts crossed :)

    I agree with you about the debt owner's motivation for obtaining a CCJ, but I can't see anything about the OP having a poor payment history with the Claimant.

    Di
  • MEM62MEM62 Forumite
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    Just_Di wrote: »
    Our posts crossed :)

    I agree with you about the debt owner's motivation for obtaining a CCJ, but I can't see anything about the OP having a poor payment history with the Claimant.

    Di

    It's pretty safe to assume that this was the case or the creditor would not have pursued the debt via the courts. I am sure that the OP would have correct us if that were not the case.
  • Just_DiJust_Di Forumite
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    MEM62 wrote: »
    It's pretty safe to assume that this was the case or the creditor would not have pursued the debt via the courts.

    In my experience debt purchasers regularly issue claims even when the debtor has a perfect payment history through a DMP.

    Aggressive litigation is fuelled by the desire to obtain a Charging Order on the debtor’s home (if they own their home) because that turns an unsecured debt into a secured debt which enables them to raise more funds to purchase more debt.

    Di
  • K.O.K.O. Forumite
    2 posts
    Thanks for your reply.

    Once I make the monthly payments that the court has asked me to pay... Will that show on my file? and if yes, will it be a positive thing?
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