8% slapped on settlement figure, help

[JDSD]

Good afternoon everybody,

I read articles, threads etc. all over the internet about CCA 1974 provisions and that how statutory interest cannot be applied to post judgement debt relating to this act. However, I've just received a settlement figure which has had 8% slapped on it! I've just called the solicitors in question and they informed me that the debt was over £5,000 and that because it had been through the court system and made final (my understanding of the explanation given), any CCA 1974 provision was overruled and irrelevant.

Please could somebody put me out of my misery and explain what is going on.

Many thanks for any assistance.

[miliitant]

Re: 8% slapped on settlement figure, help

Was this claim defended

[JDSD]

Re: 8% slapped on settlement figure, help

I did not defend the claim in that I did not attend court for the interim and final orders. My ex-partner was paying £5 a month for the debt, which is stated on the final charging order. I'm waiting to find out if this payment is still being made.

The application for charging order says: 'The judgment or order did not provide for payment by instalments'.


It was for a Capital One loan.



Final Charging Order

On 6 October 2009, DISTRICT JUDGE HAYES sitting at Norwich county court, The Law Courts, Bishopgate, Norwich, Norfolk, NR13 1UR

heard The Representative for the Claimant and the Defendant not attending

and the court orders that

1. The charge created by the order made on the 29 June 2009 shall continue.

2. The interest of the defendant in the asset described in the schedule below stand charged with payment of the sum of £12,294.03 the amount now owing under a judgment or order given on 06 April 2009 together with any further interest becoming due and £218.00 the costs of the application.

3. The costs are to be added to the judgment debt.

4. The Claimant has agreed not to apply for an Order of sale for so long as the Defendant pays £5.00 per month to the Claimant in respect of the judgment debt.

The Schedule

The address of the land or charged property is XXXXXXXXXXXXX the title to which is registered at H.M Land Registry under Title No. XXXXXXXX.