Interest charges on CCJ debt owed to me.

auntiesue

Hope this is in the right place, unsure where to post. I had a CCJ awarded in my favour against an ex 'friend' in 2007. She has not paid anything and after her moving a few times and re-marrying I have finally managed to find where she is now living.
I filed an order for debtor to attend court for questioning to help me decide on how/if to proceed with chasing this debt and then found out some more info on her which I would like the court clerk to question her on. So I phoned the court and the clerk told me a letter was on it's way to me regarding the amount now due that I'm claiming for.
I had paid her debt on my credit card and have only been paying the minimum amount each month so have had interest charged. I have been adding this monthly interest onto debt and am claiming for this. The clerk was under the impression that I couldn't do this and could only ask for the 8% per anum (think that's what it is).
Is this right? Will I be liable for the 3 years interest on her debt (although on my card)? Will phone CAB tomorrow for an appt but wondering if anyone had any idea in the meantime.

Hintza

OP I haven't a clue but if it was me and I could afford to I think I would clear the debt on your card, to lessen potential costs to yourself in the long run.

I suspect the fact that you put (what I guess was a loan) on your card will have no bearing with the court as they will possibly decide that was your choice.

Spongbong

You can only claim the 8% but you could try putting an application in to the judge requesting the higher amount (N244 form I think?). I think whether it goes your way will depend on whether you can prove the defendant agreed to repay the interest you would incur or if she just thought it was a straight up loan.

auntiesue

Spongbong wrote: »

You can only claim the 8% but you could try putting an application in to the judge requesting the higher amount (N244 form I think?). I think whether it goes your way will depend on whether you can prove the defendant agreed to repay the interest you would incur or if she just thought it was a straight up loan.

Hi, thanks for your reply. She knew it was on my card and I still have a text on my phone (I know, quite sad) where she does say she will pay any late payment charges and interest that occur. I will phone CAB for an appt to see if they can help me to word a letter to the judge explaining.