Reclaiming penalty charges AFTER CCJs / Charging Orders etc.

[fightthefuture]

Hello everybody,

This is my first post. Be gentle.

I arrive with a question, the answer(s) to which I'm sure would be useful to many others in my position.

I have debts, an existing charging order on my property, a new county court claim form to deal with, and a Statutory Demand to deal with.

I need to deal with the court papers and statutory demand NOW, however I am aware that a portion of the debts comprise unlawful penalty charges which, given the time, I would claim back; within the court process time limits, I don't have time to apply to the creditors for all the necessary details to enable me to arrive at the accurate figures I DO actually admit to owing.

My question is this. If I just 'admit' to the debts for now in order to satisfy the time limits for these legal documents, can I STILL pursue the creditors afterwards for the illegal charges they've charged me over the years? Or is it the case that if I 'admit' to the debt to a court, that it gets set at that level and there's no going back?

Simply put: can I go about reclaiming penalty charges at a later date, independently of what has already happened in the form of the existing charging order on my property, and independently of whatever the outcome of my new court papers (whether it be a CCJ or whatever)?

I would be very grateful for any advice.

Many thanks!

[SaxonHero]

Hi,

Did you recieve any information in this regard as my circumstances are similar.

Many thanks

[robcag]

Originally Posted by SaxonHero

Hi,

Did you recieve any information in this regard as my circumstances are similar.

Many thanks

I'm also in a broadly similar situation, having originally admitted the debt (credit card) and having a CCJ followed by a final CO issued against me.

I now know different thanks to CAG, and I'm preparing myself mentally to start a thread very soon for advice with a view to applying to have the original judgement set aside on various grounds, one of which being that any default issued would have contained unlawful penalty charges and would therefore be void, consequently the court action which was taken should not have been allowed to proceed.

Rob

[robcag]

Originally Posted by SaxonHero

Hi,

Did you recieve any information in this regard as my circumstances are similar.

Many thanks

Hi SaxonHero

I've just started my thread on (hopefully) getting my CCJ set aside here: http://www.consumeractiongroup.co.uk...side-help.html

Rob