CCJ

[dunedin1941]

Hi everybody,
I have a CCJ that has been sold on to another company , who have decided to add on at least £3000 to the balance owing. Is this legal, because the original County Court who issued the notice clearly states the amount to be paid and that there is no interest in the future to be added.
Quite honestly I think that this is a try on, and I will be contacting the Office of Fair Trading to complain of their activities.

[Guest]

Re: CCJ

Was the judgment a cca debt, was it over £5000
Peter

[dunedin1941]

Re: CCJ

Yes the amount was £9000 from a credit card. In the following years I have paid off over £2000 from that debt, and this company whom are now handling it have added all that amount and more to the debt. As the CCJ clearly states the amount to be paid off at the monthly amount that I am paying [ paid], I think that their actions are not legal

[Guest]

Re: CCJ

Hi
the short answer is no they are not.
They are not allowed to charge statutory interest on a CCA agreement.
If they are seeking to charge contractural interest, then the agreement must say that they are entitled to do this, also they must have issued you with the statutory notice before making the charge, if no notice was issued no interest is due until it is.

Even if they where to fulfil all therse requirements you coud still challenge the claim,and make therm have to re claim for the amount through the court, this would be unlikely to succeed because the court would want to know why the action was not taken at the orriginal hearing sorry I know it is a bit involved, but the short answer is no they are not allowed to add interest.
All you owe is the judgment debt.
Peter

[dunedin1941]

Re: CCJ

Thanks for the info, that's what I thought. You may be interested to know that the new holder of the CCJ, is Cabot. I have had dealings with a number of so called debt collecting companies over the last 7 years or so. some are good, but the bulk of them are total ********s.
Members should be aware of the following : Robinson Way, Horrich Farrelly, 1st Credit, these are all one company who to give them their proper title is the London Scottish Group. every 3 months Robinson Way up the payments on the debts I have with them, without even consulting me. When they start to threaten me with further action regarding arrears, I point out "Send me a copy of the agreement that shows I have agreed to make higher payments". Of course they cannot because there is not one. So they back down. The Office of Fair Trading have already warned 1st Credit that they will lose their licence to operate unless they clean up their act. Of course it won't matter because they are trading under more than one name.

[Ihaterbs]

Re: CCJ

Send off a CCA request. The link below covers post judgment interest.


BBC - Radio 4 You and Yours -Royal Bank of Scotland debt mistake

[Guest]

Re: CCJ

Thanks for the info, that's what I thought. You may be interested to know that the new holder of the CCJ, is Cabot. I have had dealings with a number of so called debt collecting companies over the last 7 years or so. some are good, but the bulk of them are total ********s.
Members should be aware of the following : Robinson Way, Horrich Farrelly, 1st Credit, these are all one company who to give them their proper title is the London Scottish Group. every 3 months Robinson Way up the payments on the debts I have with them, without even consulting me. When they start to threaten me with further action regarding arrears, I point out "Send me a copy of the agreement that shows I have agreed to make higher payments". Of course they cannot because there is not one. So they back down. The Office of Fair Trading have already warned 1st Credit that they will lose their licence to operate unless they clean up their act. Of course it won't matter because they are trading under more than one name.

Yes whatever the case they need to have a term in the agrement that allows them to charge post judgment interst, the rules are slightly differnt to agreements made before 2008, not that it will effect your case but just out of interest.
Peter

[Guest]

Re: CCJ

Yes whatever the case they need to have a term in the agrement that allows them to charge post judgment interst, the rules are slightly differnt to agreements made before 2008, not that it will effect your case but just out of interest.
Peter

Sorry meant judgments made after 2008 having a senior day
Peter