Can anyone advise re CCJ and ongoing charges please? - post judgment interest

fermi

fermi wrote: »

See this link: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=18_interest_charges_on_a_consumer_credit_judgment

A bit complicated depending on when the CCJ was and the type of debt, so if you are not sure you could always give the people who wrote that factsheet a call to work out what applies to you. Free on 0808 808 4000.

Query with your DMP company as well.

You can also apply to the court to have interest/charges stopped if necessary.

Have you phoned National Debtline as above?

Or talked to your DMP company?

Those are the first two things to do before you start wring letters.

sionnach67

Hi Fermi

I did speak to my DMP company... they just said I should write and ask the creditor to reduce the interest ( I'm not sure they quite 'get' it)

I did speak to NDL... They advised that if it was not on the original judgement that interest shouldn't be charged, but I hadn't read the bit about the interest post judgement on the original credit agreement before I spoke to them.

Sx

thechippy

sionnach67 wrote: »

Hi there
So sorry for my tardy response to what appears to have been a very interesting debate! The MSE forum moves so quickly I lose track!

The original claim by the creditor ( via their solicitor) only made claim for interest from the date of the claim to the date of the judgement as far as I can make out.

The original judgement was issued as a default judgement as apparantly they did not receive my paperwork , I applied for a variation order, which was granted. There is no mention of interest in either of these.

BUT... I checked the original credit agreement and it does say " Interest shall be charged under this agreement at the interest rate both before and after any judgement which we may obtain against you"

So, it looks like they can ?


I know this is REALLY cheeky, but would anybody be able to give me an idea of how to draft a letter to the creditor to ask that they stop the late payment charges? Its just I get a bit overwhelmed by the technical aspects of it all .....

Thank you for your very interesting contributions thus far!

Sx

Yes, but they HAVE to have it in the particulars of claim on the original court papers, or they don't get it.

Also, they can't add late payment fees and other nonsense post judgement.

Did you read through post #13, as I'm pretty sure that's what they're up to. You have to bear in mind that judges can and do make mistakes either through a lack of knowledge on a certain subject or being mislead / misdirected by the claimant.

I know of a case where a dca claimed for statutory interest on a debt in court and the judge allowed it and you CANNOT have statutory interest added to a debt which is covered by the CCA1974.

It really would be a good idea to remove all personal details, scan and post up the original court papers which show the poc and a copy of the judgement.

sionnach67

Hi!
I have had a re-read of post 13... they definitely haven't sent any seperate notifcation of intention to charge interest.
I'll attempt to scan the documents tomorrow at work and then post them for further scrutiny.

Dya know, I don't consider myself to be particularly daft, but this CCJ/debt debarcle seems to have rendered me a completely dim mare:D

Thank you very much for the advice and comments thus far!
Sx

sionnach67

Hi... I was unable to scan the documents unfortunately, so I've typed it out

The original claim :
1)By an agreement in writing dated 2nd November 2007 the claimant agreed to lend the defendant the sum of £10.000. The defendant agreed to repay the sums due under the agreement totalling £14,387.55 by 60 monthly installments of £270.67 plus all interests, costs and expenses thereafter. A copy of the agreement is attached to these particulars of claim. The clamant will refer to the agreement for its full terms and effect
The agreement is a regulated consumer credit agreement and this is a Consumer Credit Act claim

2)The defendant defaulted on the agreement by failing to pay the monthly instalments as and when they fell due. The claimant served on the defendant a default notice dated 24 january 2011. By letter dated 11 March 2011 the claimant terminated the agreement. The arrears at this date were £817.35

3)Prior to the issue of proceedings the claimants solicitor served a letter before action on the defendant demanding payment of the full amount due
The balance due to the claimant as at todays date is £5,844.


The claimant is entitled to and claims interest pursuant to S69 of the County Courts Act 1984 from the date of termination until judgement or sooner payment at the daily rate of £1.27
(a)Interest on the sum of £5,792.04 at the rate of 8% pursuant to S69 of the County Courts Act 1984 from 11 March 2011 until today in the sum of £52.05
(b)Continuing interest on the sum of £5,844.09 from today until judgement or sooner payment at the daily rate of £1.27
And the claimant claims:
(1) the principal sum of £5792.04
(2) Interest on (1) under s69 of the CCA 1984 of £12.69
(3) Interest on (1) above from April 2011 to date of judgement or earlier payment at a daily rate of £1.27

The original Judgement states
You have not replied to the claim form
It is therefore ordered that you must pay the claimant £5,840.28 for the debt ( and interest to date of judgement) and £375 for costs.
You must pay the claimant the total of £6,215.28 forthwith.


The variation order states :
The judgement made against the defendant in this court on the 20 may 2011 for payment of £5,840.28 and £375 for costs is hereby varied
It is now ordered that the defendant pay the claimant the outstanding sum by installments of £138.89 for every month the frst payment to reach the claimant by 22 July 2011


Sx:o

thechippy

Right,

They're doing as I thought.
For a start, in point a, it looks like they've claimed statutory interest @ 8%, which they can't on this debt. However, it's so little in total that it's probably not worth causing a fuss over (£52)

They have not claimed for post judgement interest, so they can't have it. They've only claimed to point of judgement.

Basically, all you have to pay is £6,215.28 END OF...;)

They are simply looking at your account as a separate issue, still adding interest and other charges and taking off your monthly payment.

This means (on THEIR) paperwork, after you have paid the judgement amount - it will still show a balance, but that's tough on them.

They will have to bring a separate claim for that balance, but won't be able to as.

a. The poc's mention nothing of post judgement interest.
b. It would not be allowed under cpr rules, as it would be deemed unfair practice and abuse of process.

The whole point of a ccj is to claim for everything at once and simplify the situation to bring it to a close.

Keep a track of your monthly payments. Once the judgement amount has been paid, that's it - the ccj has been satisfied and they are stuffed.......;):D:D:beer:

sionnach67

:beer:

Huzzah! Thank you so much for that! It all seems so much clearer!

I guess that I still need to write to them to get them to stop making charges on the account for monthly late payment fees? Is there anything in particular I should say when I do write?

And.... thanks again

Sx

thechippy

You're welcome....;)

I hate the lending institutions........:mad:

I'll knock something up for you over the weekend, but it will be pretty much a technicality, 'cos they're not going to get it anyway.....;)

sionnach67

Much obliged to you!!:D

I kinda hate them too, but , I never forget that I was the idiot who took out the loan in the first place, and the fool who got in over my head and ended up in such a muddle with debt

Sx

thechippy

Well you wouldn't be the only one by a LONG way....:D;)

Who's the lender anyway? - it won't hurt to say, they're all as incompetent as each other. Are you REALLY surprised they needed bailing out? They can't sort out the simplest things......:D:D:D:D