Information to court debt needed- urgent

sdoherty1000

Sorry for the late replies. It was originally set at £40 but I thought I would pay it off it quicker so I raised it to £100. I have noticed though that the statement I have received doesn't show any of the payments at £40 only the ones at £100. I dont have any of the original paperwork

dancingfairy

This factsheet looks helpful: https://www.nationaldebtline.org/EW/factsheets/Pages/18%20EW%20County%20court%20-%20interest%20charges/Page-05.aspx
It might be worth seeing if you can apply to your bank for old paperwork to prove what you've paid. You also somehow need to try and get hold of a copy of the judgement so you can see what the original amount was and what the deal was with interest.
I'm also wondering whether it might be possible to get a full and final settlement. It's worth a try.
df
edit: in terms of getting a copy of the judgement then your local county court is probably the best place to start. wikianswers suggests you should contact the clerk on the circuit in which your case was heard so if you case was heard in london you would need to contacct the clerk who oversees the london circuit. They can't give you legal advice but if you explain you need a copy of the judgement and that you are a party to the judgement then they should be able to help. If this doesn't work then try asking for the clerk of the circuits details so you can put your request in writing (if there isn't a form). Another option might be to approach a local CAB to see if they have any trainnee solicitors/lawyers or access to a legal aid centre who would know how to get a copy of the judgement.
Once you have gathered the information together I'm sure you can come up with a plan.

sdoherty1000

Ok this is what I have received from the collectors today
Judgement Debt : £5,143.54
Execution Costs : £111.75
Interest : £429.68
Claimant Total : £5,684.97
Officer's Fees : £50.78
Balance : £2,252.35
Total Levy : £5,735.75
Less Payments : £1,208.00
Less Credits : £2,275.40
Daily Interest : £0.37

We are being charged 0.37p daily on the debt, I have asked for full statements of payments and a copy of every document they hold on file for me

FireWyrm

sdoherty1000 wrote: »

Ok this is what I have received from the collectors today
Judgement Debt : £5,143.54
Execution Costs : £111.75
Interest : £429.68
Claimant Total : £5,684.97
Officer's Fees : £50.78
Balance : £2,252.35
Total Levy : £5,735.75
Less Payments : £1,208.00
Less Credits : £2,275.40
Daily Interest : £0.37

We are being charged 0.37p daily on the debt, I have asked for full statements of payments and a copy of every document they hold on file for me

Facinating. No DCA can charge interest on a debt that was not in the original T&Cs. They cannot arbitrarily start adding some sort of interest because they felt like it. How long have they been charging you £135 a year?

Also, you need to get to the bottom of how much has been paid when and to whom. You claim to have paid at least £7200 so far, the original debt was only £5000+. They cannot charge interest that was not in the original agreement, so where is the rest of the money? Enquiring minds wish to know and frankly, I would no longer be politely asking for the information - I would be telling them to produce it or explain themselves to the OFT and FSA if they dare.

sdoherty1000

The statement I received in June 2008 said I had paid £4,643.50. The new statement that runs April 13-present says I have paid £1208.00. I can assume that from June 2012 to April 2013 I paid a further £800 making a grand total in the region of £6651.50 with an outstanding balance of £2250.00. I have requested a copy of my bank statements prior to 2008 to see how many of the £40 payments I made that dont seem to show on any paperwork from the debt collectors!

sdoherty1000

The original statement I received from them back in 2012 shows the payments dating from 28/03/2008 to 06/06/12 showing regular payments of £100.50 (50p admin charge) At the bottom it shows payments £4,643.50 and Account Balance £3,874.28 so after 4 years of paying £100 a month my actual balance only reduced by £1861.47 even though I had paid £4,643.50. Looks like £2782.03 has been added on in them 4 years from 2008-2012. Since June 2012 I have made another £2000 in payments to date with another payment due in 2 days! How can the fee's be so high? and more to the point how can this be legal?

eyeopener2

The point is, it might not be legal.

You have to get a copy of that judgement. Sooner rather than later.

As for the 50 pence admin charge, that just beggars belief.

happy_bunny_2

On e you have all the facts, give national debtline a call.

I guess a complaint to the collectors then FOS referral is about the only option? Not sure if the us any recourse via the court that issued the CCJ.

sdoherty1000

A copy of the judgement will be arriving via snail mail tomorrow so we will have more information then. She mentioned that the judgement was "varied" in 2007. Does anyone know what that means?

Tixy

Varied - usually relates to the agreed monthly repayment. Either that you or they asked the court to look again at how much you can afford a month.
They could also mean it was varied by agreement between yourselves without the court involvement - was that when you started paying the higher amount?