What are the fees for, also I don't think they can charge you interest. Only the court can award that. If you have paid all the outstanding debit, they will find it difficult to claim back dated interest and their fees.

Well if you have taken out any house or car insurance you may have already occurred increased costs. The following is from Association of British Insurers. Bankruptcy, and credit scoring more generally, can be an indicator of risk and evidence shows that it is predictive of claims experience. Information collected by reference agencies to determine a credit score will typically include details of county court judgements (CCJs) and bankruptcy. As such, some – but not all – insurers use credit scores as one of several rating factors to determine risk, and a poorer credit history is likely to lead to a higher premium.

The following is from Association of British Insurers. Bankruptcy, and credit scoring more generally, can be an indicator of risk and evidence shows that it is predictive of claims experience. Information collected by reference agencies to determine a credit score will typically include details of county court judgements (CCJs) and bankruptcy. As such, some – but not all – insurers use credit scores as one of several rating factors to determine risk, and a poorer credit history is likely to lead to a higher premium. I don't agree with this, but someone probably needs to take them to court to get any change. So If you had some difficulty with your finance, how does that make you a higher risk driver.

Well from what I have read is that if one has a low credit score, you are more likely to make a claim.

My concern is that many people may be paying higher insurance premium due to incorrect information on their credit file, which they may be unaware of. I think if someone is charged a higher premium as a result of information on their credit file they should be informed of this, otherwise it is unfair for someone to check their file every other day.

What I am been told by the court staff and what is in CPR is quit diffrent.

So why are third party debt order a pain to get.

Can some help me with this. I got CCJ aginst builder, applied for third party debit order (Bank) but have been refused originally on the grounds that no debt was due, so challenged that and showed them the CCJ. I was then told it will go to the Jude again to have a look. Now been told the order is been refused because Bank will not accept it since they need an account number. The builder has two morgages with this Bank so more likely has other I under the suspicion that all the information I sent to the court is not been presented to the judge by the court staff and this would not the first time they have lost documents.

I am now worried that the charging order may not be finalised.

I got CCJ for £4500 for the counter claim. The claimant then applied for an order to vary judgment, because he can not pay, is unemployed for 1 month, lives in a rented propery, receives Benifits of £650, gas/elect. Is £200 a month, £50 a month traveling cost, £480 morgage and has two months arrears. So he can only pay £10 a month. So rejected claimants offer on the grounds that there is inconsistencies in the income and expenditure and that he failed to disclosed full income. Failed to mention the address that was used on application form was still his trading address of the business. After doing land registry search on trading address. If was revealed that this was registered in his wife's name, but he had two properties in is sole name and morgages with bank. So applied for charging order on one propery and third party debit order on bank to see if has money in bank. This is bussines man with various business and property so there was a good chance he has some mony in bank. So court accepted one applucation, but refused the other with no proper reason. I feel the court staff are not putting all the information I sent to the Jude. The two applications where split, charging order went to the judge on 22nd feb, where as third party debit order went on 1st March. Sending bailiff on this person may be a wast of time, but may give it a go. But I have three address for this person one bussines address and two residential.

Andy before you amend thread title I need more help, see above.

Andy Hold on this matter is not over yet, I need more help on this to fight these people in court, who I think are wrong.

I now have another issue with this court,the staff are either incompetent or corrupt. After getting the CCJ, I applied for charrging order and also a third party debit order (Bank). Interim charging order was given but the third party debit order refused originally on the grounds that no debt was due, so challenged that and was told it will go to the Jude again to have a look. Now been told the order is been refused because Bank will not accept it since they need an account number and sort code and branch because Sandander is a big organisation. The builder has two morgages with this Bank so more likely has other accounts there. For some reason this clerk thinks that the bank stil opperates with paper bank books and accounts. reading CPR and EX325 is doesn't say you need account number to identify the person. (If the third party is a bank or building society you must give its name and the address of its Head Office. If you know them, you should also give the name of the branch where the account is held, the branch address, the bank’s sort code, if appropriate, and the debtor’s account number.)

An update The judg in the next hearing did restore some faith In the system. He had a good go at the builder for not providing a witness statment and a defence to the counter claim. He tried to have a go at me for not providing anything for him to decide the case. Just providing photo of work done is not enough, so he ordered an independent surveyors report to be done for £200. Cost to both paries 50/50. The surveyors report was very much in my favour, all the work done was not of acceptabl standard and had to be re done. So Jude ordered full refund plus an extra few hundred because rectifying the work done cost exta. I also got consequential dagerges in loss in rental income for a few months. So vary happy with Jude, how was very professional in dealing with the matter.

Can some help me with is, I got ccj aginst builder, applied for third party debit order but have been refused originally on the grounds that no debt due, so challenged that and was told it will go to the Jude again to have a look. Now been told the order is been refused because Bank will not accept it since they need an account number. The builder has two morgages with this Bank so more likely has other account there.

DonkeyB Yes that threat is on this same mater. I did not get any replays on the thread and was not sure on the mater of costs.. As you can see from the other tread I have lost all faith in this court. It seems that if you know some in the right place you can get away with anything

DonkeyB thanks for you help much appreciated you have made a few things a bit clear. The counterclaim was from the start. I defended the case and also made a counterclaim. The claim and the counterclaim are on the same issue. I did not receive a reply or defence to the counterclaim. Can I now go to the court an request a judgment to be entered against him.

Does the counter claim change anything.

There was a fee of £45 paid for AQ. Or was that for the counter claim.

Could I have some help on this, it seems that the incompetency of the court is beyond belief. Summary of what has happened. 1. Dispute with builder on his work under sales of goods act, not fit for purpose 2. Several letters sent to builder followed by LBA 3. Not sure what the motive of the builder was but he decide to issue the court claim. claiming that the work was near completion and full payment was due. 4. Sent AoS on time and also defence, AoS ignored and default judgement issued. 5. Default judgment then set a side. 6. Court then loses the claim form, so can not proceed until that is provided, claimant fails to provide claim form, so I had to provide a copy. 7. Allocation questionnaire received and returned on time, with fee 8. Over a period of about 5 weeks phoned court on progress, was told each time that an order has been made by the judge and will be sent once typed up. 9. Got fed up and made an official compliant to court, received a replaying saying that the order was incorrectly placed in the wrong file, so another order will be made and sent. 10. Then received a date for preliminary hearing. 11. Attended preliminary hearing, was told a date will be set for a hearing and standard directions given. 12. Received hearing date and paid fee as requested. 13. Sent document 14 days before hearing as directed. 14. Went to court on 25-Oct for hearing. Could not find case listed, when made enquires was told that the claim was discontinued in August. 15. When questioned why I had not received the discontinue notice, was told that they are very sorry. 16. I then I asked that I had made a counter claim and paid court fees why has that been discontinued, that should have gone ahead. I was told another date will now be set. I have lost all trust in this court, I am sure someone is interfering with this case at the court (the claimant threatened that he has relatives working in the court so if I took the mater further I would not succeed). I will be making a further compliant to the court and taking this mater further as well as writing to the local MP. It is completely unacceptable that one cannot take a simple case to court for justice. What I want to ask is that can I claim cost from the claimant due to him discontinuing his claim or do I have to wait for the hearing for the courter claim. I have read that you cannot claim cost when the claim has be allocated to small claim track. If that is the case then anyone can start a vexatious claim and discontinue after the allocation and avoid the defendants costs. I would also appreciate any other comments and advice on the above matter.

If that is the case then anyone how wishes to discontinue there claim after the defendant had defended the claim, should simply wait until the claim is allocated to SCT then file a discontinues Notice. Then there will be no cost payable, but if they discontinue before the allocation to SCT they end up paying cost. Something does not seam right there. If the claim is discontinued with an agreement then fair enough, but otherwise the defendant is left with an increased amount of cost, filling AQ and paying fee as well as going to the preliminary hearing.

Could someone please clearify the following, my understanding is that if the claim is discontinued before allocation then automatic cost apply. But what happens if the claimient is discontinued after allocation to the small claims track but before the hearing date. I am finding it very difficult to find any information on this, from the following it seems that costs do not apply. CPR 38.6(1) says:- "Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant." CPR 38.6(3) goes on to say:- "This rule does not apply to claims allocated to the small claims track"

If you want the defaults removed quickly you could try to phone them and and argue that the information recorded is incorrect and should be removed immediately. If you want to also claim compensation ( under section 13 data protection act) then do very thing in writing. Personly I think utility competes should not be allowed to record information on you credit file because you are not entering into a credit agreement, your are simply paying a bill when it is due and in most cases paying in advance with a direct debit. Also you should be aware is that the only grounds that these companies have to share your information with the credit refrence agencies is that you have consented to this. and this consent can be withdrawn or will come to an end on account been closed. I recently paid my water bill about 2 weeks late, I was then told if I do this again they will record it with the credit refrence agencies. My repy was that have they obtained my consent, to which I got no reply. I simply told them if they record any information about me with third parties they will be in breach of the data protection act and will also claime compensation under section 13. I was then told 'ok I will make a note of that on your account'

I would assum by the amount of fees they charge they would be self founding.

Forgot mention they were very efficient in retuning my defence and counter claim. Handed in on Thursday and posted back on Friday. So will have to take that back to the court when received.