Are solicitors fees included in a ccj?

olivia84

i know, it's pure pants. however, if the judge ruled in their favour, they would have been allowed to charge you their solicitors fees and court costs and i don't think it would have been included in the original amount they were taking you to court for as at that point the judge hadn't ruled on anything.

i'm not an expert, but i do believe that as the judge ruled in their favour, then you are liable for the court costs and legal fees. however, it is pretty rotten if they haven't informed you about it.

i actually kept pretty close contact with the lawyers who acted on behalf of RBS (i think the guy got pretty hacked off with me actually!) i emailed him often and phoned him now and again so i had all the facts.

i don't want to give you more bad news but (certainly in scotland, i'm not sure about england) as RBS succesfully obtained a decree (ccj) they were entitled to add on 8% interest onto my balance after being awarded it (it did state this in my original sheriff court documents so i know it wasn't them chancing their arm) however, after a couple of years i asked them very nicely (all through their lawyers) if they would freeze the interest and they did.

also, my case was transferred onto a different person at the law firm and last year, i emailed them for an up to date balance and the new person gave me a much higher one than i had. i was told that this was with the legal fees and court costs added on but the new person wasn't aware that RBS had waived them for me.

of course, legally, you could say that you were only taken to court for the original 11k and that is all you are paying as the extra wouldn't have been included and they would have to take you to court again for it. unfortunately, i think a judge would rule in their favour again and then you would have a ccj against you for the original court fees as well as the new ones!

i know it's c*ap, and it feels like they're all out to get you - i've been there.

if i was you, i would wait to see what the court says if they get back to you, if they come back and say, yes, legal fees were added on, i would write to Bank of Scotland with a big sob story, and very nicely ask if they could waive the fees (and find out about any further interest they might have been entitled to add). as you have been reliable in paying up until now, i think they would probably go for it.

hopefully, the court will get back to you and tell you that the fees were included in the original amount but let us know what they say.

olivia x

p.s - get bank of scotland or their lawyers to let you know in writing exactly what your balance according to them is and when you will finish paying it.

olivia84

also, i am only telling you my experience, it would surprise you how every case can be quite different!

x

marleyboy

If you've settled the judgment then that's the end of it.

Write to the court with evidence of payments and request certificate of satisfaction [form N443 I think], not sure if there's a fee but the court will be able to advise.

cmcco79

Morning,

Just thought i'd post an update to this. The Court have advised me that the judgement and attachment of earnings order included solicitors costs, and the judgement is now clear. I can't beleive what greedy b*stards Bank of Scotland are in trying to get more money out of me!! I have written to them asking them to explain this but funnily enough they haven't replied yet!!

DS4215

Good for you. If they don't reply then put in an official complaint and see what that brings out