Settlement figure - interest claimed

[Bill-K]

Re: Settlement figure - interest claimed

Sorry Mil - I should have been clearer - that was from s.4 (1) of the County Courts (Interest on Judgement Debts) Order 1991. Hence my query !!!

[miliitant]

Re: Settlement figure - interest claimed

i have never come across post interest being paid on a ccj unless it is in the perticulars of claim and in the judgement itself

the judgment supersedes any previous agreement.

that includes the cca 1974 as that would have been terminated

[JDSD]

Re: Settlement figure - interest claimed

Hi guys,

Thanks a lot for taking the time to help out. I have paid £7 a month without missing a payment. The strange thing here is that they are dragging me back to court next week for redetermination, even though they know I am selling a property and have received a settlement figure from their solicitors. I'll post some more documents.

[miliitant]

Re: Settlement figure - interest claimed

if they are taking you back to court for a redertermination hearing, i would be puttiing in a witness statement to the court and a copy to the claimant asking why they are charging post contractual interest and get the judge to give a decision on it

when is the hearing next week, i would be posting this witness statement tomorrow at the latest

[JDSD]

Re: Settlement figure - interest claimed

The hearing is next Wednesday. Sorry miliitant to play thick, but what exactly is a witness statement and its contents?

[JDSD]

Re: Settlement figure - interest claimed

Here is the final charging order.

[JDSD]

Re: Settlement figure - interest claimed

How can the creditor send me the following, which are the very acts and provisions quoted by debtors all over the internet to challenge post judgment interest claims. Here all of a sudden they are invalid...

14 Repeal of existing powers to award interest The following provisions cease to have effect—

(a)section 17 of the Judgments Act 1838 (judgment debts to carry interest);

(b)section 44 of the Administration of Justice Act 1970 (power to specify rate of interest on judgment debts) and section 44A of that Act (interest on judgment debts expressed in currencies other than sterling);

(c)section 35A of the Senior Courts Act 1981 (power of High Court to award interest on debts and damages);

(d)section 69 of the County Courts Act 1984 (power of county courts to award interest on debts and damages) and section 74 (power to specify rate of interest on judgment debts etc) of that Act.

[miliitant]

Re: Settlement figure - interest claimed

that is why you need a witness statement to oppose their hearing

i would normally do it through an N244 Applcation but as they have allready done that.

a witness statement is a brief statement of facts that you wish to bring to the attention of the judge

google witness statement and have a go at a draft and post on your thread

i will look in later and advise if i have time

the important thing is it gets posted tomorrow at the latest

[JDSD]

Re: Settlement figure - interest claimed

I'm onto it now, thanks for the support.

[JDSD]

Re: Settlement figure - interest claimed

Here's the timeline from the letters I have kept:

16 April 2004 - Capital One Letter - loan approval

20 April 2004 - Signed Capital One Credit Agreement

22 April 2004 - Capital One Letter - notice of direct debit payment details

30 April 2008 - Captial One Letter - informing of non-payment

07 July 2008 - Captial One Letter - default notice

19 November 2008 - Capital One Letter - sale of debt to Robinson Way & Co.

17 March 2009 - Claim Form

06 April 2009 - Interim Charging Order

12 August 2009 - Judgment for Claimant (in default)

06 October 2009 - Full Charing Order

09 October 2009 - General Form of Judgment or Order (The Defendant's application to vary an Order is dismissed .)

[JDSD]

Re: Settlement figure - interest claimed

Hi Miliitant,

I'm a bit stuck because I'm not sure what the judge is expecting...


IN THE XXXXXX County Court
CLAIM NO: XXXXXXX
B E T W E E N :
Robinson Way & Co. c/o Horwich Farrelly
CLAIMANT
-AND-

Me
DEFENDANT

WITNESS STATEMENT OF ME

1. I am the defendant in this claim/case?
2. On 14 November 2011, (date discrepancy noted on letter), my conveyancer wrote to the Claimant requesting a settlement figure in relation to the sale of XXXXX.
3. On 11 November 2011 (date discrepancy noted on letter), the claimant’s solicitor wrote to my conveyancer providing a settlement figure and an undertaking to
4. On 30 November 2012, I wrote to the claimant’s solicitor in response to the letter dated 11 November 2012 contesting the settlement figure. The claimant’s settlement figure of £XXXXXX is substantially greater than the judgement debt of XXXXX.
5. On 3 December 2012, I received a response to my letter dated 30 November 2012. Attached to the letter was an account statement and copy of the appropriate Civil Procedure Rules regarding the addition of interest to Judgment.
6. ?

I believe that the facts stated in this witness statement are true.
Signature: .................................................

Date: .................................................

[JDSD]

Re: Settlement figure - interest claimed

Urgent help needed if possible. Would somebody please help me with a witness statement that needs to be sent off a.s.a.p. I've never done one before and it needs to be based on contested interest on a settlement figure (CCJ restriction). Many thanks.

[JDSD]

Re: Settlement figure - interest claimed

Hi guys,

Please, I need really urgent advice. For those who have been following, I have court on Wednesday for a redetermination hearing. The judge is expecting to hear cases from both sides in order to decide whether or not I should be paying more than 7 pounds a month against my 12k CCJ debt (restriction). However, the judge will/should not know that the claimant has sent a settlement figure to me on request by my conveyancer as I am selling a property, although this is looking doubtful at the moment. The judge will also not know that this settlement figure carries a shocking amount of interest. I believe now that I should have entered a witness statement (kindly advised by miliitant, but unable to finish in time) to contest the hearing, but surely that's only if it was about the settlement figure and it's not. As the two issues are related, would i be allowed to raise it during the hearing? Will the judge be able to settle the dispute by offering him/her the original claim form, ToCs, judgment for claimant document etc. What's really scaring me is that I could possibly be exchanging contracts next week almost at the same time as the hearing, which would mean that the settlement figure on the day would have to be paid to the claimant (so says my conveyancer). I guess then I would have to bring the claimant back to court afterwards via an N244 to reclaim the interest back, that's if it's ever been done before!

Regards,

A really worried JDSD