ccj - still receiving statements after judgement

[Dollydoo]

Back in august I asked for advice as i'm still getting statements from bank with mounting interest charges. I wrote to the court to ask for a copy of the banks original claim form but they say they don't hold the file and referred me to the solicitor/debt collector who acted for the bank. I've written to them asking for a copy of this claim form as this is the only document which can prove/disprove that the bank are entitled to claim further interest after judgement. They've now referred me to the court as they say they don't hold the documents. I'm being pushed from pillar to post, National Debtline said they can only claim interest if they stipulated it on their original claim form - so I really need to see a copy of this claim form, are the solicitors/debt collector legally obliged to provide me with a copy? if so, what happens if they don't? Any advice appreciated. Thanks.

[sequenci]

What did you do with your copy of the claim form?

 

Have you got a copy of the original agreement? It might be worth a CCA just to obtain it.

[Dollydoo]

No I can't find my copy and debtline says that the bank can only ask for interest after a judgement has been made if it stipulated it on their claim form when they took me to court - hence the need for me to obtain a copy.

[tomterm8]

Do you know what claim numer the judgement was issued? Or when it was issued?

[Dollydoo]

yes i know the claim number and when it was issued. I've written back to the solicitors and they're still adamant the court have the paperwork! what next, any ideas?

[paulwlton]

yes i know the claim number and when it was issued. I've written back to the solicitors and they're still adamant the court have the paperwork! what next, any ideas?

 

Can i ask which bank obtained the CCJ?.

 

I would CCA the creditor ASAP if he fails to produce the agreement no further interest can be applied.

 

The creditor may be applying interest after judgment although if he wanted to pursue you for this he would have go back to court to sue you for it. you could contest the banks right to the interest if there's no agreement.

 

The bank can only claim post judgment interest if it is stipulated in the banks claim form and the original agreement.

[Dollydoo]

I'm sending cca request today, and i'm pretty sure they would have it former employers! (just my luck). Although considering their dca/solicitors can't provide a claim form from 2003 I'm keeping my fingers crossed that they won't have agreement going back to 80's. Just one more question, do I send cca to dca or original bank?

Thanks for advice.

[paulwlton]

What year was the loan taken out and which bank?

[Dollydoo]

both current account and credit card were with Nationwide, the first being opened in 80's & the latter i'm not sure poss 90's. both these debts were combined when they took me to court in 2003. Its only the current account that i'm getting statements for.

[paulwlton]

both current account and credit card were with Nationwide, the first being opened in 80's & the latter i'm not sure poss 90's. both these debts were combined when they took me to court in 2003. Its only the current account that i'm getting statements for.

 

I ask because certain creditors have been obtaining judgment on overdrawn current accounts then altering the debt into loan agreements with interest after judgment clauses within the terms.

 

Paul