Are solicitors fees included in a ccj?

cmcco79

Morning,

A few years ago I got in to some trouble with a credit card, this resulted in a ccj and attachment of earnings order for £11k.

I have now paid off the amount the attachment of earnings order was for, but bank of scotland have told me that I have another £1k in solicitors fees to pay. I have sent them a copy of my court order advising them that I have paid the amount under the ccj but they told me that solicitors fees are not included in a ccj.

Is this correct or are they just trying to get more money out of me?

Thank you in advance for any advice.

olivia84

hmmm, i'm not entirely sure but i am thinking that the creditor will take you to court for what you owe them, then will add on the court fees and their legal fees once they get awarded their ccj because i wouldn't have thought they are able to include the court fees and legal costs in the original amount they are taking you to court for incase the judge doesn't rule in their favour (however unlikely) and the judge will award the ccj against the original amount owed.

i was taken to court by RBS in 2008 for £24,000 this was what i owed them without any legal fees or court fees and this was always the figure on any paperwork from the court i had. however when i asked the lawyers to send me statements of everything i was given and everything i had paid, there were legal fees and court costs added on to my statement.

sorry, probably not what you wanted to hear!

olivia x

gizmo111

cmcco79 wrote: »

Morning,

A few years ago I got in to some trouble with a credit card, this resulted in a ccj and attachment of earnings order for £11k.

I have now paid off the amount the attachment of earnings order was for, but bank of scotland have told me that I have another £1k in solicitors fees to pay. I have sent them a copy of my court order advising them that I have paid the amount under the ccj but they told me that solicitors fees are not included in a ccj.

Is this correct or are they just trying to get more money out of me?

Thank you in advance for any advice.

They can't ask you for more money 3 yrs after the event - if they want more then they will have to go back to court for it.

fatbelly

Ask them for an itemisation of the fees

cmcco79

Thank you for your answers. They are saying the fees are for obtaining the ccj, the attachment of earnings, and a charging order. They said none of these fees were included in the attachment of earnings order as legal fees are added to the outstanding balance due & therefore not noted separately.

fatbelly

The initial court claim would have included court costs and solicitor fees. Check the claim details. They can't have those twice.

taffy056

Can't see how they can suddenly claim costs now, it went to court, all associated costs of doing so should have been within the claim, once you have cleared what was owed that is it.

cmcco79

taffy056 wrote: »

Can't see how they can suddenly claim costs now, it went to court, all associated costs of doing so should have been within the claim, once you have cleared what was owed that is it.

That's exactly what I thought. The ccj is from almost 6 years ago so all I have is the attachment of earnings order from the court. I just thought if the attachment of earnings is for £11k, that is how much I owed & how much my employers should deduct. Not suddenly tell me I actually owe more.

olivia84

is this you just finishing paying the 11k off now though? the way i'm seeing it is that you were taken to court 6 years ago for the original 11k, the judge would have awarded the ccj against you for that 11k and set an amount to pay, bank of scotland would then add the court costs and legal fees on to the amount they're owed and you start to pay what the judge set. it takes you 6 years to pay it off and this is you just coming to the end of paying it off; but bank of scotland didn't notify you 6 years ago that they had added all the fees on so you think you're finished but your not??

however if you paid the debt off a long time ago then something's not right.

you could phone your local court clerk's office if you have all your dates and reference numbers, they were very helpful at my local court and they might be able to tell all the details like as and when any fees were added.

i would imagine that they would have legally been allowed to add court costs and legal fees onto your balance but they should have informed you about it.

hope u get it sorted though

olivia x

cmcco79

I have 1 month left to pay what was on the attachement of earnings order, but bank of scotland have told me that the order will continue until their fees have been paid.
I have emailed the court to see if it is usual practice for legal fees to be added seperately to an attachment of earnings order. Still waiting for their reply.

I had debts of in the region of about £40k and I really thought I was coming to the end of paying them off

BigCraigJohn

Sounds like they are trying there luck.
Pay the amount on the ccj and not a penny more, stick to the agreement and tell them to swivel.