Have I got a CCJ ?

[Sandy07]

Good Morning

I received an email last night from BW Legal headed Notice of Judgement saying

On **May 2017 our client obtained a County Court Judgment against you in the My town under claim number *********

Details of this Judgment will be entered in a public register, the Register of County Court Judgments. That information will then be passed to credit reference agencies which will then have an adverse impact on your credit file.

Unless the full amount of £XXXis received in this office within 14 days of the date of this letter, we will seek our Client's instructions to enforce the County Court Judgment against you. Alternatively, if you are experiencing financial difficulties then please contact us on 0113 323 1784 so that we can work with you, as we currently have a number of options to offer you or you could obtain free debt advice from the Debt Management Companies listed in the attached document. I do know what its about I was repaying them for an old debt under a tomlin order , thought everything was fine but the final 2 payments were returned as they changed their bank details , I have checked my credit files and trust online and there is no judgement registered ?? would it take from may to now to appear ...surely not I have no issue settling the outstanding and will but if I can cause a little trouble for them for claiming to have a judgement when they don't then why not... just want to make sure I'm not missing something regards Martin

[Guest]

Re: Have I got a CCJ ?

Good Morning

I received an email last night from BW Legal headed Notice of Judgement saying

On **May 2017 our client obtained a County Court Judgment against you in the My town under claim number *********

Details of this Judgment will be entered in a public register, the Register of County Court Judgments. That information will then be passed to credit reference agencies which will then have an adverse impact on your credit file.

Unless the full amount of £XXXis received in this office within 14 days of the date of this letter, we will seek our Client's instructions to enforce the County Court Judgment against you. Alternatively, if you are experiencing financial difficulties then please contact us on 0113 323 1784 so that we can work with you, as we currently have a number of options to offer you or you could obtain free debt advice from the Debt Management Companies listed in the attached document. I do know what its about I was repaying them for an old debt under a tomlin order , thought everything was fine but the final 2 payments were returned as they changed their bank details , I have checked my credit files and trust online and there is no judgement registered ?? would it take from may to now to appear ...surely not I have no issue settling the outstanding and will but if I can cause a little trouble for them for claiming to have a judgement when they don't then why not... just want to make sure I'm not missing something regards Martin

There is a Register of CCJ s that you can check. This I suggest should be your first step

[Amethyst]

Re: Have I got a CCJ ?

I'd give the court a call and check if the case has gone to a judgment. On your tomlin order there is likely a term that if you miss payments they can apply for judgment - although you should have been notified. If that was in the last 28 days it won't appear on the register as yet. I'd give the court a call and go from there.

You'd have had a general judgment form from the court.

When did you sign the Tomlin Order ? and when was your last successful payment ?

Out of order them filing for judgment if they changed their bank details but failed to inform you.

[Sandy07]

Re: Have I got a CCJ ?

They are saying the judgement was granted in May

[Guest]

Re: Have I got a CCJ ?

They are saying the judgement was granted in May

Have you checked Register of County Court Judgments.
That should give you a definative answer.

[Sandy07]

Re: Have I got a CCJ ?

I will pay the arears today its a small figure and not disputing just surprised they have a judgement in may and its not recorded on my reference files

I would be quite annoyed as my credit rating is finally quite good and really don't want it to take another nose dive

I had set up standing orders for the exact amount over the term and yes they wrote to me, ill be honest I didn't open the letters as thought I was in the clear

- - - Updated - - -

I checked trust online this morning ...all clear

[Sandy07]

Re: Have I got a CCJ ?

My main concern is having a judgement recorded , if there is no record then I'm happy , as I said I will pay the balance today

My query was around if there is no judgement recorded on any of the 3 reference agencies or trust online and the judgement was granted in may then would it be recorded somewhere else .

[Amethyst]

Re: Have I got a CCJ ?

If there WAS a judgment in May - it may still end up being recorded on the register - although as a forthwith judgment sometimes they never get recorded, but it really is better to check the situation - so I would get on to the court to check - you should have had notice from the court directly if a judgment was granted due to a breach of the Tomlin Order.

On **May 2017 our client obtained a County Court Judgment against you in the My town under claim number *********

if there isn't a judgment then this needs dealing with with BW Legal.

[Sandy07]

Re: Have I got a CCJ ?

Just paid it on line so sorted , don't want to stir a wasps nest so I will contact the local court and see what they say

[Amethyst]

Re: Have I got a CCJ ?

Yes please check with the court. We can't have BW Legal pretending to have judgments against people where they do not.

When was the change of bank details and the missed payments ? Before May ?

[Diana M]

Re: Have I got a CCJ ?

I do know what its about I was repaying them for an old debt under a tomlin order , thought everything was fine but the final 2 payments were returned as they changed their bank details ,

Arguably you did make those payments and it was their fault they were returned because they changed their bank details.

Maybe ask them to consent to a set aside of the CCJ or you'll be making an Application to the court to have it set aside because it was an error on their part.

However the court may take the view that after the first payment 'bounced' you should have taken action to resolve the situation.

See if they will agree to a set aside if you are in a position to pay the amount outstanding now.

Di

[Diana M]

Re: Have I got a CCJ ?

My query was around if there is no judgement recorded on any of the 3 reference agencies or trust online and the judgement was granted in may then would it be recorded somewhere else .

A CCJ is not recorded unless there is any further action such as an Application to Vary or an Application for an AOE or bailiffs' Warrant of Control etc.

Joanna Connolly explains it here >

1. After a trial/hearing there is no requirement for the Claimant to notify the court when the Judgment debt is paid. It is only if they make an application to the court to enforce the Judgment (thereby notifying the court that the Judgment monies have not been paid) that the court would even notify Registry Online of the Judgment.

2. The only Judgments that are automatically sent by the court to the Registry Trust to be registered on your credit history are Default Judgments and admissions. If these judgments are not paid within 30 days (or a month) then the Judgment will stay on the defendant’s credit history for 6 years. If paid within the month then the judgment will be cancelled on the Register and removed from the credit history.

3. If Judgment is handed down by the court at the end of a trial or at a hearing for say £4,000 then if the order is silent on when it is to be paid it would be due within 14 days, or the court may order 21 or 29 days. The order is not automatically sent to Registry online at this point. There has to be some further action taken by either the claimant or the defendant in relation to the Judgment debt.

4. If the Defendant after the trial/hearing approaches the claimant and say for example informally agrees (without a consent order being signed) that they can pay the Judgment order of £4,000 over say 12 months by standing order then neither party has taken steps to either vary/enforce the order and as long as the payments are made the Judgment will not be sent by the court to Registry Online. The claimant still has the security of the Judgment that can be enforced if the defendant misses an instalment but the Defendant has the benefit that the Judgment will stay off their credit history.

5. If the Defendant pays the Judgment monies within the time period stipulated by the court , then again nothing is sent to Registry online

6. If the Defendant doesn't pay the Judgment monies and the creditor does not take any steps to enforce the Judgment (i.e bailiffs, attachment of earnings etc) then again until the creditor does take the step the Judgment won't be sent to Registry online.

7. If the OP makes an application to the court to vary the Judgment AFTER a trial/contested hearing then at that point the Judgment will be sent to Registry Online.

Di

[Sandy07]

Re: Have I got a CCJ ?

Yes please check with the court. We can't have BW Legal pretending to have judgments against people where they do not.

When was the change of bank details and the missed payments ? Before May ?

The final 2 payments on the account were due January and February , I've emailed them by return the proof that I have just paid , and will contact the court

I will be surprised that there is no record if there is a judgement in my experience these are normally on within a month or so , is it possible that it hasn't been updated 7 months later ??


Is it possible some one hasn't pressed a send button or something , ?

[Diana M]

Re: Have I got a CCJ ?

There is a Register of CCJ s that you can check. This I suggest should be your first step

The OP says they have already done that in their first post

I have checked my credit files and trust online and

Di

[Diana M]

Re: Have I got a CCJ ?

The final 2 payments on the account were due January and February , I've emailed them by return the proof that I have just paid

Does this mean that they did send you their new bank details at some point and was that before or after January/February when the payments were due ?

Di