CCJ & Claiming Charges

[lizzy40]

Does anyone know how I would stand if I claim back charges on a credit card account which now has a ccj. I wasn't aware I could have challenged this company before hand. Is it to late?

[powelll]

You can still claim the charges back - same route but you nneed to ensure you pay on your CCJ to prevent further enforcement action. The other option is to apply to get the CCJ 'set aside' - this puts it back to the claim stage so gives you an opportunity to defend or partly defend the claim on the basis of unlawful charges.

It would really depend how much of the total amount of the CCJ is made up of the charges. A set aside application will cost £35.

[lizzy40]

Thank you for your reply. The charges do not make up a large amount of the balance owed. However if I went along on the grounds of getting the CCJ set aside whats stopping them issuing another CCJ against me.

[powelll]

They wouldn't need to issue another CCJ - the set aside puts the CCJ back to the 'cliam' stage so giving you the option to partly defend it. If you accept that most of the balance is correct I would probably go the route of paying the CCJ off ( you don't mention how much you have been told to pay ) and doing a separate claim for the charges.

If you can't pay the CCJ as it stands there are applications you can make to the court to ask for them to look at the judgement again - a 'redetermination' application is free within 14 days of the CCJ being issued. If it's past 14 days and there was no hearing for the original CCJ you can pay £35 and apply for a variation instead. If you want more info on this let me know.

[lizzy40]

Thank you very much for your advise.

The thought of having a CCJ hanging over me is very stressful. The total amount of the ccj is £271.47 this figure is made up of solicitor charges of £666.94 and unlawful charges of £105.00 which as you can see isn't a lot.

The debt is with marbles who are part of HFC and the Solicitor who issued the ccj I believe did so with only there own interest at heart.

After doing a budget plan I had offered to pay £25.27 per month which my offer was ingnored, when it went to court I offered to pay the same but the court decided it was to much and set instalments at £14.40. I don't think the solicitor was thinking about there clients interests. I have never been in this kind of trouble before and the thought of solicitors and court was very intimidating I just wanted the whole experience to disappear. You certainly learn by your mistakes. Any ideas?

[yaffsimone1]

Sorry to jump in here a quick question for Powelll.

I had the same senario as lizzy40. I wont go into the boring details but i got a CCJ with NEXT because i admitted the debt, it turns out there are loads of charges and they dont have a credit agreeement. If i chose to get this set aside could i defend all of it rather than just some of it even though i have previously admitted it?

[powelll]

Originally Posted by yaffsimone1

Sorry to jump in here a quick question for Powelll.

I had the same senario as lizzy40. I wont go into the boring details but i got a CCJ with NEXT because i admitted the debt, it turns out there are loads of charges and they dont have a credit agreeement. If i chose to get this set aside could i defend all of it rather than just some of it even though i have previously admitted it?

Yes you could, if you can demonstarte that the debt is totally unenforceable ie there's no credit agreement. I must admit in my job we don't advise on defences very much as there are cost implications if you lose. We ususally advise clients to get legal advice or go CAB route but there are lots of people on here ( Laiste springs to mind as one ) who are legally trained and who would be happy to help you draft a defence.

[powelll]

Originally Posted by lizzy40

Thank you very much for your advise.

The thought of having a CCJ hanging over me is very stressful. The total amount of the ccj is £271.47 this figure is made up of solicitor charges of £666.94 and unlawful charges of £105.00 which as you can see isn't a lot.

The debt is with marbles who are part of HFC and the Solicitor who issued the ccj I believe did so with only there own interest at heart.

After doing a budget plan I had offered to pay £25.27 per month which my offer was ingnored, when it went to court I offered to pay the same but the court decided it was to much and set instalments at £14.40. I don't think the solicitor was thinking about there clients interests. I have never been in this kind of trouble before and the thought of solicitors and court was very intimidating I just wanted the whole experience to disappear. You certainly learn by your mistakes. Any ideas?

The only thing I would really say is to bear in mind that this is a civil matter - you haven't committed a criminal offence it just affects your cred ref file. To be honest in your position you COULD go for a set aside and partly defend the claim on the basis of the charges. You would still get a CCJ for the remainder so it's kind of unavoidable.

Please try not to worry about this - I kinow it's easy for me to say but as long as you pay what the court has ordered the creditor cannot take further action against you. Once the CCJ has been paid you can apply for a certificate of satisfaction from the court and send this to the cred ref agencies to show the CCJ as satisfied.

You can still claim back the other charges separately.

[yaffsimone1]

Thank you Powelll....im hoping the letter from Howard Cohen & Co saying they dont have an agreement is enough!

Thanks lizzy40..highjacking over

[lizzy40]

I have been paying my ccj off monthly and on time for the last year, however yesterday I got a letter from another DCA which states Notice of Assignment.

I ve been paying Restons, can they sell or pass this debt on to another Dca when its in CCJ status. I thought my court agreement was to pay restons until it was paid off?

I am sure they do this to confuse you and make you slip up with payments?

Lizzy