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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have a CCJ and have been paying it without fail for 15 years.

Customer Question

I have a CCJ and have been paying it without fail for 15 years. The DCA has telephoned me and demanded to know my income and outgoings, including my new wife's income (which I'm not even entitled to know if she doesn't want to tell).

They have stated that as the CCJ is over 6 years old that it is no longer relevant and they want a new income/outgoing to calculate the new amount that they will accept.

Are they right? The DCA was not the same company that took out the CCJ, and I can think of several companies that have handled it over the period.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Did the CCJ specify payment by installments or in one go please?

Customer:

It was for instalments, and no payments have been missed. £5 per month, I believe that the judge was upset with the original bank for "splitting" the debt and so contractual interest was included.

Alex Watts :

In that case they have NO right whatsoever to demand payment any other way.

Alex Watts :

You can IGNORE any threat or whatever they say.

Alex Watts :

If they dispute it then they can apply to the Court to vary it.

Alex Watts :

But you have a Court order - keep paying in accordance with that.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Can they apply to the court to vary it though? They aren't the people I had a contract with, in fact there have been a number of organisations that have administered the debt between the original and now. If they go to court to vary it, do they need the original CCA etc?

Alex Watts :

No - they have no grounds.

Alex Watts :

You have a Court order - you have been paying.

Alex Watts :

You need not worry.

Customer:

Thank you Alex, you've put my mind to rest. Brains and beauty are rare, I hope you go far in your chosen profession. Again, thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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