I have a CCJ which I have been paying for about 13 years, now it is down to about £450.00 (4 years to go) I would like to clear it. The problem is the DCA doesn’t recognise the CCJ - only figure including the Contractual Interest - which they are claiming through the terms and conditions on the agreement signed back in 1996. (Below) Conditions: 9c: xxx shall give notice to the Customer of any costs charges or expenses incurred or claimed under sub clauses (A) and (B) above which, unless paid by the customer by the date specified in the notice shall bear interest at the rate stated in paragraph D overleaf (subject to variation) until payment after as well as before any judgement (such obligation to be independent of and not to merge with the judgement). I need them to confirm the CCJ amount just in case my workings out might be slightly out – I don’t want to run the risk that if I paid what I thought was the judgment in full then stop paying and the judgment has not been cleared due to my working out error, then the DCA could take action to recover the money. --- Same as if I overpay they may consider that I agree to the Contractual Interest. I’m aware that once the Judgment as been paid in full, the DCA will try to recover the interest from me, but as it wasn’t included in the County Court Judgment, I don’t think that the DCA has a claim (maybe ‘Statue Barred’). Any ideas on how I can obtain the correct CCJ amount from them? Thanks “For the avoidance of doubt, I have only been making payments towards the CCJ and at no time has this been intended to be apayment towards anything other than the CCJ”. note:The DCA purchased my debt from GE Money back in 2004 (what they purchased I don't know - but they indicate it included interest - I have no way of telling.

I am aware with what I have paid: This is the total debt I have soted out so far - not Novice - Settled Moorcroft Debt Recovery Ltd Settled (£625) of (£1420) Full & Final 01.01.07 Metropolitian Settled (£0 of (£2254) Full & Final 01.08.07 Unidept Settled (£600 of (£1155) Full & Final 20.11.07 NCO Settled (£3000 of (£7264) Full & Final 15.02.08 Icor Settled (£70.00 of (£102.50) Full & Final 03.04.08 Link Financial -Settled (£400.00 of (£450) Full & Fina l25.11.10 Just to make everyone aware

I know from the CCj still have 3/4 years to go know worry that I have paid more than the CCJ amount. not had me over yet - thats what I'm trying to avoid D

Thanks for all the advice on this hopefully it will be helpful to all the others in the same situation as me, I'll be emailing them on Monday requesting statement of account, and when that arrives I will then ask the where in the Judgment the allowance of Interest is mentioned. How long should I give them to respond to each request? D

I have a statment of the account got it sometime ago 27.05.09. I suppose its time to ask for an up to date one.

Briefly Below is the last email I am awaiting an reply. Without Prejudice Re: xxxxxxxx & xxxxxxxxxx Their seems to be some confusion in the figure I recently offered in full and final settlement of the two accounts. Based on your acceptance of the full and final settlement figure of £400.00, which was about 90% of the £450.00 figure left against the CCJ amount against - ????????- (this was the 3rd account which was accepted in thier book it was an 50% settlement which included interest in mine I paid 90% of the CCJ figure) I then offered full and final settlement figure of £800.00in total to clear both - xxxxxxxx & xxxxxxxxx put together. = 71%of the £ 1127.00 CCJ balance – in your letters you had £800.00 on each? Can you let me know what balance you have outstanding calculating the figure as CCJ amount less any payments paid against? xxxxxxxxxxxx & xxxxxxxxxxxx So can update my records. (in case I’m a few pounds out on my figures) so can evaluate an better offer. Kind Regards

That would be interesting because there is no mention of theCCJ The statement begins with the opening loan in 1996 Then the payments and interest as normal: Around the CCJ mark there is an entry of ‘FEES’ £169.00 which was included into the CCJ Then just payments only £15.34 from OCT 98 until April 2001 (no interest) Then an entry of £1374.37 interest then monthly interest charges ever since. When I defaulted in I done the usual and offered and started paying what I could afford £15.34 per month (I think long time ago) pro-rata to all the other debts at the time. FNB being like they are they decided to rubber stamp it with an CCJ and charge interestin accordance to that credit agreement I signed

I have been pay Link for years - they told me yesterday that they Purchased the Debt from GE Money - (the indication I got it included the interest) ps the interest as stopped think it was last year. I was going the speak to GE Money tomorrow to see if I can make any sense on whats going on. It’s totally my decision to pay them off - they don’t even phone me anymore asking toincrease payments. Need to find the terminology that triggers them to listen - I'm not rude to them - I keep paying in accordance to the CCJ so in theory they cant take me back to court.

I have worked it out that I can settle it 2 CCJs totalling · 1 = £666.00 · 2 = £457.00 · Total = £1123.00 (full and final offer) With the help of some money from my Mum. Firstly I cannot get ‘Link Financial’ to agree to the amount owed – their figure always includes interest. Secondly: I don’t wantto pay it if I have to go through all that hassle I had when I started 13 years ago if they decide to start sending me notices to say I owe them Money for theinterest I am going through all this now 1. becauseI have the money to do so 2. Istill have around 4 years to solve this before it becomes a problem for real

Judgment ordered to pay the sum of £3095.31 by installments of £15.34 ever calender month. its the part of the clause in the original 'Consumer Credit Act 1974' which is the issue because it states that they can charge interest after as well as before any judgment which causes the problem. (subject to variation) until payment after as wellas before any judgement (such obligation to be independent of and not to mergewith the judgement).

Well it seems all positive - Just have to get them see it that way Thanks

What is the best way to paythe CCJ figure off - as the Link Financial don’t recognise this is beingseparate and separate figure - can I pay it back via the courts? Ihave asked them to confirm the CCJ balance they have just to confirm we areboth singing from the same hymn sheet. also they are requesting copies of the credit agreements - so they can see that they cannot merge the interest with the judgment. Iknow it’s all about negotiation – just wish they would take the money and callit quits. I an always put the money aside in a savings account and set a standingorder from that.

Conditions: 9c: FNB shall give notice to the Customer of any costs charges orexpenses incurred or claimed under sub clauses (A) and (B) above which, unlesspaid by the customer by the date specified in the notice shall bear interest atthe rate stated in paragraph D overleaf (subject to variation) until payment after as well as before any judgement (such obligation to be independent of andnot to merge with the judgement). This condition in the original Credit agreement I signed -is in which they are claiming interest on is Legal believe it or not, andwithout paying just the CCJ and calling their bluff and then they will still registerthe non-payment in my credit file for ever. But has they only have the one figure (the one withinterest) it makes it hard to negotiate an settlement. I have offered the CCJ’s amount in FULL & FINAL +another £100.00 admin fee as an extra sweetener But they say they would only settle on: £16.00 a month - £1713.80 £8.00 a month - £1028.80 Total = £2742.60 where the CCJ’s add up to £1123.00. This is the stage I’m at now – But need to know - How they have managed purchased my DEBT from GEMoney including the interest, which in theory doesn’t come into play until Ifinish the CCJ.

1. CCJ– Sept 1998 (£16.00 PER MONTH) Credit Agreement signed 23/01/1996 2. CCJ– Sept 1998 (£8.00 PER MONTH) Credit Agreement signed 28/07/1996 Conditions: 9c: FNB shall give notice to the Customer of any costs charges orexpenses incurred or claimed under sub clauses (A) and (B) above which, unlesspaid by the customer by the date specified in the notice shall bear interest atthe rate stated in paragraph D overleaf (subject to variation) until paymentafter as well as before any judgement (such obligation to be independent of andnot to merge with the judgement). It appears from what I can gather from Link Financial whonow own the debt have purchased the debts including the Contractual Interestfrom GE Money. As far as I am concerned I’m paying back the CCJ’s at therate set by the courts, I am now found myself in position the pay the CCJ’s · 1 = £666.00 · 2 = £457.00 · Total = £1123.00 (full and final offer) The problem I am now finding is when I phone Link they just have the one settlement figure including the Interest. 9c conditions indicate that the Interest cannot merge with the Judgment. I have a reasonable relationship with Link Financial and don’t really what to start anything official which is likely to rub them up the wrong way. · Is it possible/Legal for Link Financial to have purchased my debt including the interest? · Should I go back to GE Money to ask what is going on? Link Financial doesn’t seem to recognise that the CCJ has to be paid first and once paid then they have to take me to Court Again for the Contractual Interest. They just have the one figure including interest This is what I am trying to avoid. Anybody with any idea’s

In the agreement they refer to the following clause? © part that says “Shall bear interest at the rate stated in paragraph D overleaf (subject to variation) until payment after as well as before any judgement (Such obligation to be independent of and not to merge with the judgement)” I think putting the above clause in the agreement allows them to add the interest Found this it relates to my situation: http://news.bbc.co.uk/hi/english/static/audio_video/programmes/inside_money/transcripts/credit1.txt Seems they can unless things have changed since then – Dave