Ccj, now hceo/ interest on debt

[miliitant]

i will try and be brief on this one as baliff issues is not my normal area to post problems

a member at work has been having problems with HCEO

he had a ccj for 6.5 k, with costs 7k

the claimant set their dogs onto him via HCEO and all he is paying is £10 a month due to his employment status.

HCEO are now saying they are going to start and charge INTEREST on the outstanding amount.

the ccj judgement states judgement for the claimant and must pay 6.5 k
(and interest to date of judgement) with £500 costs

so my question is can HCEO charge post judgement interst when the ccj judgement is interest up to the judgement date

[Guest]

Re: Ccj, now hceo/ interest on debt

i will try and be brief on this one as baliff issues is not my normal area to post problems

a member at work has been having problems with HCEO

he had a ccj for 6.5 k, with costs 7k

the claimant set their dogs onto him via HCEO and all he is paying is £10 a month due to his employment status.

HCEO are now saying they are going to start and charge INTEREST on the outstanding amount.

the ccj judgement states judgement for the claimant and must pay 6.5 k
(and interest to date of judgement) with £500 costs

so my question is can HCEO charge post judgement interst when the ccj judgement is interest up to the judgement date

HI
If it was a CCA debt then they cannot charge interest on the judgment debt(county court interest on judgment regulations1991), at least they can but it will not be part of the judgment.
He could refuse to pay it and they would have to issue new proceeding to recover it.This is problematic because they would be using the same cause of action as the original judgment and be open to challenge for abuse of process.

D

[ploddertom]

Re: Ccj, now hceo/ interest on debt

I assume this is the same as that posted on another site - CAG -, there is a comprehensive reply there which unfortunately I don't have the time to replicate here.

[Guest]

Re: Ccj, now hceo/ interest on debt

so my question is can HCEO charge post judgement interst when the ccj judgement is interest up to the judgement date

The HCEO cannot charge interest.

The original judgement can order interest from the date the sum became due and the date the judgement is paid. This is under section 69 of the County Courts Act 1984.

If the claimant has not asked for interest then a court does not make an order for interest under its own motion.

The HCEO is high court, and therefore cannot avail itself to the County Courts act in this way, and the Civil Procedure Rules requires a judgement for interst anyway.

There might be a clause in the Senior Courts Act (I have not check this!!) to enable an order for interest to be applied for, but there is nothing in the 2004 HCEO Regulations that enables an HCEO to unilaterally charge interest.

[Guest]

Re: Ccj, now hceo/ interest on debt

The HCEO cannot charge interest.

The original judgement can order interest from the date the sum became due and the date the judgement is paid. This is under section 69 of the County Courts Act 1984.

If the claimant has not asked for interest then a court does not make an order for interest under its own motion.

The HCEO is high court, and therefore cannot avail itself to the County Courts act in this way, and the Civil Procedure Rules requires a judgement for interst anyway.

There might be a clause in the Senior Courts Act (I have not check this!!) to enable an order for interest to be applied for, but there is nothing in the 2004 HCEO Regulations that enables an HCEO to unilaterally charge interest.

The consumer credit act allows the charging of interest, provided that it was mentioned on the agreement, default notice and a notice is served under section130 of the act after judgement. As said the problem is enforcing this charge as it does not form part of the judgment sum.

D

[miliitant]

Re: Ccj, now hceo/ interest on debt

The HCEO cannot charge interest.

The original judgement can order interest from the date the sum became due and the date the judgement is paid. This is under section 69 of the County Courts Act 1984.

If the claimant has not asked for interest then a court does not make an order for interest under its own motion.

The HCEO is high court, and therefore cannot avail itself to the County Courts act in this way, and the Civil Procedure Rules requires a judgement for interst anyway.

There might be a clause in the Senior Courts Act (I have not check this!!) to enable an order for interest to be applied for, but there is nothing in the 2004 HCEO Regulations that enables an HCEO to unilaterally charge interest.

many thanks for your reply on this matter

for the record, this is not an agreement regulated by the CCA 1974

it is an overpayment of wages problem

so can i confirm that

HCEO CANNOT CHARGE INTEREST on any amount post CCJ if the judgement does not allow for it

[Guest]

Re: Ccj, now hceo/ interest on debt

many thanks for your reply on this matter

for the record, this is not an agreement regulated by the CCA 1974

it is an overpayment of wages problem

so can i confirm that

HCEO CANNOT CHARGE INTEREST on any amount post CCJ if the judgement does not allow for it

Hmm

See practice directive 70 Interest may be claimed on High Court judgment debts under section 17 of the Judgments Act 1838.

D

[Guest]

Re: Ccj, now hceo/ interest on debt

The above act

17 Judgment debts to carry interest.

[F1(1)] Every judgment debt shall carry interest at the rate of [F28] pounds per centum per annum from [F3such time as shall be prescribed by rules of court] . . . F4 until the same shall be satisfied, and such interest may be levied under a writ of execution on such judgment

D

[miliitant]

Re: Ccj, now hceo/ interest on debt

the point i am making is can interest be paid on post judgement debts to HCEO if the original judgement only stated interest up to judgement, not post judgement

i feel this thread is important and i need a definitive answer to avoid getting egg on my face when i advise him

[Guest]

Re: Ccj, now hceo/ interest on debt

the point i am making is can interest be paid on post judgement debts to HCEO if the original judgement only stated interest up to judgement, not post judgement

i feel this thread is important and i need a definitive answer to avoid getting egg on my face when i advise him

I have not had experience of high court judgments, i take it the case was held in the high court and not just transferred there for enforcement.

The act however does say,"every judjment debt"

D

[Guest]

Re: Ccj, now hceo/ interest on debt

the point i am making is can interest be paid on post judgement debts to HCEO if the original judgement only stated interest up to judgement, not post judgement

i feel this thread is important and i need a definitive answer to avoid getting egg on my face when i advise him

Look at the judgement, does it say:

Interest to date of judgement, or

Interest to date the sum due is paid?

[Guest]

Re: Ccj, now hceo/ interest on debt

Look at the judgement, does it say:

Interest to date of judgement, or

Interest to date the sum due is paid?

The act does seem pretty specific to me, unless anyone is aware of any amendments.


D

[Guest]

Re: Ccj, now hceo/ interest on debt

This seems more promising from the senior courts act 1981

[F135A Power of High Court to award interest on debts and damages.

(1)Subject to rules of court, in proceedings (whenever instituted) before the High Court for the recovery of a debt or damages there may be included in any sum for which judgment is given simple interest, at such rate as the court thinks fit or as rules of court may provide, on all or any part of the debt or damages in respect of which judgment is given, or payment is made before judgment, for all or any part of the period between the date when the cause of action arose and—
(a)in the case of any sum paid before judgment, the date of the payment; and
(b)in the case of the sum for which judgment is given, the date of the judgment.

Here it says may be included.

Sorry this is pre judgment interest
D

[Guest]

Re: Ccj, now hceo/ interest on debt

The above may explain why the pre judgment interest is mentioned but the post is not. Just a theory.

D

[miliitant]

Re: Ccj, now hceo/ interest on debt

look at the judgement, does it say:

Interest to date of judgement, or

interest to date the sum due is paid?

the judgement staes interest to date of judgement only

not post judgement