Costs only CCJ

[navajo1]

I had a credit card debt with Egg and was threatened with court action by Bryan Carter. This resulted in a CCJ (3 years ago) I agreed to pay £10 a month at the time. I didn't notice until some time later that the CCJ was only for costs of £300 plus and not the principal amount of debt (£5K). I have now paid this CCJ (in fact overpaid). I have stopped the direct debit and am waiting Bryan Carter to contact me. What happens now...Will they/can they can now come after me again for original debt ? I assume I can claim back overpayment from Carter

[berniel]

Re: Costs only CCJ

I had a credit card debt with Egg and was threatened with court action by Bryan Carter. This resulted in a CCJ (3 years ago) I agreed to pay £10 a month at the time. I didn't notice until some time later that the CCJ was only for costs of £300 plus and not the principal amount of debt (£5K). I have now paid this CCJ (in fact overpaid). I have stopped the direct debit and am waiting Bryan Carter to contact me. What happens now...Will they/can they can now come after me again for original debt ? I assume I can claim back overpayment from Carter

All they can recover is the judgment sum, if they want anymore they will have to get a new judgment.
How did it come about that they only claimed for costs?

Bernie

[Curlyben]

Re: Costs only CCJ

Sounds like a classic Mr C.
Claim for a smaller sum and then come back for the main deal sometime later.
This is, of course, completely against CPR and the County Courts Act, as the cause of action is the same for everything..
He knows well that he is not allowed to split claims in this manner, but unless it is pointed out at the time of claim these types of meaningless CCJ arise..