Alliance and Leicester CCJ and Santander

[Red83]

Good morning,

I am new to legal beagles, and I am desperate for some advice.
After trying to arrange pro rota payments with Alliance and Leicester back in 2006, due to loss of employment, they of course quickly took us to court, and tried to get the loan put onto our house, as it is unsecured loan.
After our fight, the judge awarded that we could pay £20.00 a month which was all we could afford, he also stated on tape that no interest was to be added and no charges were to be added.
I learnt from this that we had actually rec'd a CCJ.
A year later, Alliance and Leicester tried to get our house off of us again, accusing us of missing a payment, we went to court, proved that we actually did make the payment. The solicitor got a severe telling off from the judge, the judge awarded no interest to be added and no charges or legal fees to be added - again!!
This was stated on tape, and was rec'd in writing from the court.
HOWEVER!!!!! , we can see that although the judge stated BOTH times for interest and legals fees and charges not to be added to the loan, that is exactly what they have done!!!!!!!!!! |they have added it to the loan.
The first time in court, we DID NOT receive the statement in writting from the court, but the judge definitely stated NO FEES, NO CHARGES NO INTEREST on tape.
The second time in court, not only DID the judge state the same, but we DID receive it in writting.
This alone is so wrong and unjustifiable and I dont know what to do about it.


We have now recently rec'd a letter fron Santander, they must have taken over Alliance and Leicester, but on the annual statement rec'd from them, they have added £1000 interest for the year!!!!!!!!!!!!!!!!!!!!! Now I might be a bit daft and blond, however I thought that if you have already rec'd a ccj then the company shouldn't be adding interest.

Please could someone help me to fight these gits!!!! I would have left the blunders from the court, although I think it is contempt of the court|!!! in my opinion, but this letter rec'd from Santander has pushed me over the edge to do something now.
Please can someone help, and please could someone tell me what happens after 6 years after having a CCJ, after the 6 six years, I know it is removed from your CRF but will the company start chasing again? can they take us to court again?
Will we just be paying £20.00 a month for the rest of our lives?

Any advice and help would be much appreciated.

Red
xoxo

[Luminol]

Re: Alliance and Leicester CCJ and Santander

RBS do the same to me Red, so far they've added £5000 in alleged interest, and every time I challenge them they say that its down for their accounting purposes, I managed to get a letter off them stating what I actually owed and the letter stated I should ignore the 'interest' bit of my statements...I have asked them several times to stop adding interest and all they say is, don't worry its just for our records...there are other on here who are going through the same

Lumi x

[Red83]

Re: Alliance and Leicester CCJ and Santander

Hi luminol, and thanks for your reply. Its a bit pants thought don't you think?
There must be something that we can do, its just wrong mate.
DO you have any idea the ins and outs of a CCJ?
Although I have had this CCJ since 2006, im no too sure if it is removed off of your credit after six years? or is that just defaults?
DO you think maybe I could sue Alliance and Leicester for contempt, and maybe get the debt written off altogether?


xoxo
:fireside:

[Luminol]

Re: Alliance and Leicester CCJ and Santander

mmm I don't really know, but I know a man who might, and I've already pm'd him to have a look at your thread..

[Red83]

Re: Alliance and Leicester CCJ and Santander

Thanks very much.

Red
:fireside:

[Ihaterbs]

Re: Alliance and Leicester CCJ and Santander

i'll advise when i finish work

[Red83]

Re: Alliance and Leicester CCJ and Santander

Thank you, I really appreciate it.

Red
xoxo
:fireside:

[debtisbad]

Re: Alliance and Leicester CCJ and Santander

I believe that bad debt can be used as a means by lenders to decrease their tax liability and so they benefit from inflating the debt.

This does not help you, however, and who knows, they would probably take the full amount from you if they could.

[Ihaterbs]

Re: Alliance and Leicester CCJ and Santander

Good morning,

I am new to legal beagles, and I am desperate for some advice.
After trying to arrange pro rota payments with Alliance and Leicester back in 2006, due to loss of employment, they of course quickly took us to court, and tried to get the loan put onto our house, as it is unsecured loan.
After our fight, the judge awarded that we could pay £20.00 a month which was all we could afford, he also stated on tape that no interest was to be added and no charges were to be added.
I learnt from this that we had actually rec'd a CCJ.
A year later, Alliance and Leicester tried to get our house off of us again, accusing us of missing a payment, we went to court, proved that we actually did make the payment. The solicitor got a severe telling off from the judge, the judge awarded no interest to be added and no charges or legal fees to be added - again!!
This was stated on tape, and was rec'd in writing from the court.
HOWEVER!!!!! , we can see that although the judge stated BOTH times for interest and legals fees and charges not to be added to the loan, that is exactly what they have done!!!!!!!!!! |they have added it to the loan.
The first time in court, we DID NOT receive the statement in writting from the court, but the judge definitely stated NO FEES, NO CHARGES NO INTEREST on tape.
The second time in court, not only DID the judge state the same, but we DID receive it in writting.
This alone is so wrong and unjustifiable and I dont know what to do about it.


We have now recently rec'd a letter fron Santander, they must have taken over Alliance and Leicester, but on the annual statement rec'd from them, they have added £1000 interest for the year!!!!!!!!!!!!!!!!!!!!! Now I might be a bit daft and blond, however I thought that if you have already rec'd a ccj then the company shouldn't be adding interest.

Please could someone help me to fight these gits!!!! I would have left the blunders from the court, although I think it is contempt of the court|!!! in my opinion, but this letter rec'd from Santander has pushed me over the edge to do something now.
Please can someone help, and please could someone tell me what happens after 6 years after having a CCJ, after the 6 six years, I know it is removed from your CRF but will the company start chasing again? can they take us to court again?
Will we just be paying £20.00 a month for the rest of our lives?

Any advice and help would be much appreciated.

Red
xoxo

They can only recover the amount ordered in the judgment if the judgment is born out of a regulated agreement. However, if there's a clause in the original agreement allowing for contractual interest this can be added but again if the judgment doesn't specifically state that contractual interest is payable the judgment creditor would have to sue for contractual interest once the original judgment has been satisfied.

You'll continue to pay the £20 until they ask for a redetermination but there would have had to be a change of your circumstances to warrant a it e.g.: an increase in your income.

I would send off a DSAR and CCA request.

Do you still have a copy of the original agreement?

[Red83]

Re: Alliance and Leicester CCJ and Santander

They can only recover the amount ordered in the judgment if the judgment is born out of a regulated agreement. However, if there's a clause in the original agreement allowing for contractual interest this can be added but again if the judgment doesn't specifically state that contractual interest is payable the judgment creditor would have to sue for contractual interest once the original judgment has been satisfied.

You'll continue to pay the £20 until they ask for a redetermination but there would have had to be a change of your circumstances to warrant a it e.g.: an increase in your income.

I would send off a DSAR and CCA request.

Do you still have a copy of the original agreement?

Thanks for that, and i have to say it all sounds rather scary.
I think I may have a copy of the original CCA, but whether or not they have one is a different matter entirely. I will SAR them, and I am aware the CCA comes in with the SAR too.

Can I also confirm that the CCJ will hang over us until it is paid off? That is so pants!!
Could you also possibly tell me what I can in regards to them showing contempt to the courts? Do I actually have any rights against these bullies?

Thanks so much,

Red
xoxo
------------------------------- merged -------------------------------

I believe that bad debt can be used as a means by lenders to decrease their tax liability and so they benefit from inflating the debt.

This does not help you, however, and who knows, they would probably take the full amount from you if they could.

Hi debtisbad, although unhelpful - yes, could you explain this to me a little more, im rather interested.

Thanks

debtisatrapdontdoit!!!!!!!!!

[Ihaterbs]

Re: Alliance and Leicester CCJ and Santander

Thanks for that, and i have to say it all sounds rather scary.
I think I may have a copy of the original CCA, but whether or not they have one is a different matter entirely. I will SAR them, and I am aware the CCA comes in with the SAR too.

Can I also confirm that the CCJ will hang over us until it is paid off? That is so pants!!
Could you also possibly tell me what I can in regards to them showing contempt to the courts? Do I actually have any rights against these bullies?

Thanks so much,

Red
xoxo
------------------------------- merged -------------------------------


Hi debtisbad, although unhelpful - yes, could you explain this to me a little more, im rather interested.

Thanks

debtisatrapdontdoit!!!!!!!!!

The ccj remains on your credit file for six years.
It is important that you locate your original copy and check for a pji clause.
Scan and post the copy if you can.

[debtisbad]

Re: Alliance and Leicester CCJ and Santander

I am not an expert, but I understand from reading about this that banks tend to add interest and charges, to make the debt seem bigger than they will charge you, because they can do a tax write off. However, make sure that if they say that the quoted figure is for accounting purposes only, that they only charge you the lower amount. Hope this makes sense.

[Red83]

Re: Alliance and Leicester CCJ and Santander

I am not an expert, but I understand from reading about this that banks tend to add interest and charges, to make the debt seem bigger than they will charge you, because they can do a tax write off. However, make sure that if they say that the quoted figure is for accounting purposes only, that they only charge you the lower amount. Hope this makes sense.

Thanks for that. I understand now, and makes perfect sense.
So i could write them a letter then stating the account originally with A&L, (cos I am now assuming Santander have taken over A & L cos I have heard nothing on the matter,) that this account is a CCJ and to say that a judge ruled no interest to be added and then see what they say. What d;ya reckon?


:clgblinkie171:
------------------------------- merged -------------------------------

The ccj remains on your credit file for six years.
It is important that you locate your original copy and check for a pji clause.
Scan and post the copy if you can.

Ok, thanks.
I will attempt to do this tomorrow, what is a pji clause?
If the CCJ remains on your file for six years, what happens after the six years? I am now feeling very scared due to the unknown.

:11:

[Ihaterbs]

Re: Alliance and Leicester CCJ and Santander

Thanks for that. I understand now, and makes perfect sense.
So i could write them a letter then stating the account originally with A&L, (cos I am now assuming Santander have taken over A & L cos I have heard nothing on the matter,) that this account is a CCJ and to say that a judge ruled no interest to be added and then see what they say. What d;ya reckon?


:clgblinkie171:
------------------------------- merged -------------------------------



Ok, thanks.
I will attempt to do this tomorrow, what is a pji clause?
If the CCJ remains on your file for six years, what happens after the six years? I am now feeling very scared due to the unknown.

:11:

PJI = Post judgment interest.