Interest holding on CCJ's - pls help me

Pere_Ubu · 17 February 2006 at 2:57PM

hobbesy wrote:

Glad you are online, i have just got back in the door.

The moment i mentioned that we had a variation order the judge through the charging order out saying it should never have got this far! (different judge from last time) When i said we were told this now meant they could apply to secure the debt in other ways he said 'they can apply for what they like, doesn't mean they'll get it!'

I asked about the interest being held and he said he couldn't advise me as as it was contractual interest it was a seperate matter and i needed to seek further legal advise, so i have booked another phone call with th eunion legal people this afternoon. Apparently the question needed to be asked is 'I have a company with a varied county court judgement against me how do i go about getting the contractual interest stopped as this is an ever increasing debt?' So if anyone wants to answer this or has someone legal they can ask please please do as i want all the advise i can get. In fact i may start another post

It seems a little worrying that the attitude can so easily change from one judge to the next but looks like you guys are in the right same as us, just need to hope you get the right judge too next week.

Keri -x-

Well done!! Excuse my ignorance but what is a variation order? We pay through Payplan and have done so for over a year now.

hobbesy_2 · 17 February 2006 at 3:17PM

Please see my oth post re the interest being held... http://forums.moneysavingexpert.com/showthread.html?t=153047 am on phone to legal people now asking what can be done.

The variation order is an order by the court to change the original ccj to monthly payments rather than by an immediate payment of total debt.

will report back in a bit hopefully, tho am on hold ... update. He doesn't know! Is going to look into it and ring me back monday, hopefully someone on herewill have some ideas in ther meantime

K -x-

alfred_jarrey · 17 February 2006 at 5:39PM

Hobbesy

I am Pere Ubu's husband. Just a quick question, can you tell me how you managed to get the CCJ varied and did you have to do this within any time limits?

A

hobbesy_2 · 17 February 2006 at 5:47PM

We contacted payplan who got the forms for us after advice from here. Think it cost £30 ish too. Not sure on the time limit as we did it immediately. Sorry this is very vague but am now furiously trying to find information on how to get the interest held as i've found it is written into the credit agreement that they can continue charging the contractual interest (20% for us) even after any court judgement, have started another post, take a peek

K -x-

fatbelly · 18 February 2006 at 1:19AM

You vary a CCJ using an N245. You can download one from the HMCS site here and you can get off the £35 fee if on some benefits or a low income using an EX160 - available from the same site.

It's a general rule that any 'forthwith' judgement (i.e. pay the whole lot now) should be varied, unless of course you can pay the whole lot now. In theory you can vary it any number of times. And at any time.

Pere_Ubu · 18 February 2006 at 3:09PM

fatbelly wrote:

You vary a CCJ using an N245. You can download one from the HMCS site here and you can get off the £35 fee if on some benefits or a low income using an EX160 - available from the same site.

It's a general rule that any 'forthwith' judgement (i.e. pay the whole lot now) should be varied, unless of course you can pay the whole lot now. In theory you can vary it any number of times. And at any time.

Thanks Fatbelly. Would you happen to know if/how we get the interest stopped. We are paying the debt off through Pyaplan and First National/Asset Link are the only one of our creditors that refuse to stop the interest. The amount we owe them is increasing month on month due to the interest being added.

Interest holding on CCJ's - pls help me

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