To Court or not CCJs

[Lite]

I am not that savvy on these things and would like help. I have two existing County Court Judgements (CCJ’s) that were brought to court by Howard Cohen solicitors for CL Finance as a result of GE Capital’s, Mothercare and Kwick-fit, which in its self seems odd that I have never as far as I can see had any formal transfer of the account?
I am still up to date with these payments but have been paying for some 3-4 years now without a challenge, however I recently decided that I should make the effort to clear, or at least have marked satisfied the CCJ’s (as they are for 6 years). When contacting Howard Cohen’s I was rebuffed for the offers (over 60%), being told they were not enough. Well knowing that I am unlikely to actually be able ever to pay the entire amount I was not happy. I reviewed for the first time all my files on these two cases going back to the time that caused the debt in the first instance my family break up and I noticed that on the old statements for both accounts where a slightly late monthly payment had been made a late payment charge had been put on the account and subsequently a charge for a letter which had both had interests added to them compounding the debt!
Now (given recent bank charge succeses) my thoughts go to even though I am now happy to pay towards the debt did the total debt amount given to the court include what might be considered illegal costs and as such do I even now have a case to ask the court to set aside these CCJ’s, with perhaps an offer to pay the remaining outstanding debt on each account. I would like views and guidance from any members.

[rippedoffagain]

Yes, If the CCJ's include unlawfull charges, you should be able to apply for set aside.

You need to send a S.A.R. to the lenders, include the £10 fee, ask for statements, or list of charges etc (as per template) also at this stage ask for a copy of the agreement (for later use).

[gemspan]

Does this apply to defaults too if they are made up of charges?

Thanks
Gemspan

[pmhcfc]

Originally Posted by gemspan

Does this apply to defaults too if they are made up of charges?

Thanks
Gemspan

There;s been a few that have defaults removed and there are at least 4 members that are awaiting that result (Elizabeth1 is one - re Cap1)..When you claim back your charges, you'll have to request for the default to be removed in your prelim letter..

[Lite]

Thanks rippedoffagain,

I will start the process which I have seen can take some time. i will update as details/chalenges emerge!