Post Judgment Contractual Interest

[Thorn1990]

Hi,
I am litigating in person defending a claim for Post Judgment Contractual Interest.
In a nut shell, a log book loan was taken out, spirraled out of control a CCJ was entered, the Judgment has been paid but the creditor is chasing the Post Judgment Contractual Interest. The Creditors tact to secure his claim is by way of a charge order.

I am aware of all the notices of the 2006 Act and other defence arguments, but what i cant find is any similar cases to assist mine, i have been scouring Baili but without success.

If anyone can point me in any direction much appreciated.

[Guest]

Re: Post Judgment Contractual Interest

HI
Had a look around but i dont think i have heard of anyone claiming this successfully.

I take it they allready have a judgment for the principle, and this is another action for the post judgment interest.
So are they hopeing for a forthwith on this so they can get a charging order on just the interest sum?

I take it from your post you know all hoops they must go through before they can even begin to claimn this?

Peter

[Thorn1990]

Re: Post Judgment Contractual Interest

You are correct.

There initial claim is in the standard Charge Order route.

I then submitted a defence 7 days prior,

Simplified. The Judgment ordered by the court has no reference to time or Interest, this now has been paid in full.

The claim for PJI is neither admitted or proven and thus there is no debt to be secured under a charge.

My main defence is that the Creditor had not not complied with the 130a required Notices. Sending neither the "First Required Notice" or any further ones.

BUT then on the hearing day minutes before we go in he submits a reply to mine and "HeY Presto" all the notices turn up!!

So the Hearing was adjourned

I will once again argue from two angles, being that the charge application can only refer to Stat Interest and this will not apply here being governed by CCA 74.
and if the Judge deals with the PJI that if the creditor relies on his 130a notices that he now has wrongly included that Judgment cannot include Contractual interest as the 130a claerly state,"Interest will be charged from the day you were given this notice" ie Post Judgment.

My difficulty is that i am sure i am not the only one to argue this point but cannot find any cases to assist me.

Thanks

[Guest]

Re: Post Judgment Contractual Interest

Dont know if you have seen theses

[Guest]

Re: Post Judgment Contractual Interest

As you say they are not allowed to charge interest untill the notice the 130 is served.

Also is there clear indication on the agreement that this is applicable.
Also on the default notice.

Peter

[Thorn1990]

Re: Post Judgment Contractual Interest

Thanks

It is referenced in the Contract and in the Particulars of the Claim.


It was not in the DN, but i think i am correct as the DN was July 2008 was just outside the new requirements (1st Oct 2008)

[Guest]

Re: Post Judgment Contractual Interest

Hi

Are they saying that the sectin 130 notice presented at court is a copy of one sent earlier, and therefore you are liable for interest in that period?

Peter

[Thorn1990]

Re: Post Judgment Contractual Interest

Yes.

But even with this i can argue my points as previously stated.

There claim i will argue should be subject to new proceedings as the Judgment is explicit in its figure and this has been satisfied.

[Guest]

Re: Post Judgment Contractual Interest

Yes.

But even with this i can argue my points as previously stated.

There claim i will argue should be subject to new proceedings as the Judgment is explicit in its figure and this has been satisfied.

Yes of course, it must be the case.

Is there any mileage in pleading that since the casue of action ws the same as in the initial pleadings(sums due under the contract) they would require permission to claim under CPR

Peter

[Thorn1990]

Re: Post Judgment Contractual Interest

Interesting, not really looked at that angle have been trying to fend off the charge and the possible PjI claim.

Would i not be able to raise this point only if the Judge ordered the Creditor to raise new proceedings?

If you can explain more i will look at it.

Much appreciated.

[Guest]

Re: Post Judgment Contractual Interest

Hi

I cant see how the judge can even consider the claim for interst in the same proceedings, the act is quite clear, PJI interst cannot be charged until the notice is served and the notice cannot be served until after the jugment.
Once the judgment for the principle has been made it cannot be altered or added to.

The section 130 requirements apply to all judgments enterd afetr October 2008, so interest cannot be due until after judgement.

Peter

[Thorn1990]

Re: Post Judgment Contractual Interest

Yes you are correct and that is my defence as i have previously stated, but need to be confident that the Judge understands it so i am not "Steamrolled", if you know what i mean.

Thats why if i could quote any similar cases that would assist mine, would help.

Thanks

[Thorn1990]

Re: Post Judgment Contractual Interest

Thanks i have these, which confirm my defence.

I have outlined these points in my defence but the claiment raised a reply to mine on the day of the hearing,so the hearing was adjourned, so i have a rejoinder to this before our final hearing.

As i cant find any authority's to assist me could i quote any extracts from these attachments or say from P Madge "Debt Free Handbook?
Could i or are they copyright?

Dont know if you have seen theses

[Guest]

Re: Post Judgment Contractual Interest

I dont see why you could not quote the opinions most are supported by case law or legislation anyway.
What is thier poc/rationale?. Is this a new claim. or are they trying to bolt on a new charge to the existing one

Peter

[Thorn1990]

Re: Post Judgment Contractual Interest

I suppose it is neither as this is a Charge application to enforce the Judgement debt that in fact no longer exists, but as the J has the power to "deal with any other matters", i need to not get complacent and resist the PJI Claim.

So if any, as you say a new charge to the existing one.

To be honest they didnt expect us to turn up on the day let alone raise a defence!

Thanks