can anyone help?

[debt4get]

bought a car from dealer 2001 had car for 2 years and car repossesed taken to court by dealer who obtained ccj for 1300 and charge order on property

as I was working at time offered payments of 30 a month and paid every month never defaulting until had to go on invalidity and finish work

car dealer sent me a letter saying hadnt paid for 2 months as well as a statement of account showing Id paid 850 quid but still owed 1100 as interest at 8% is added to account offered him 500 to go away but he not interested

what i need to know is there any way of getting the interest on this ccj stopped or suspended as Im goin to be paying this forever

[CourtOfficerSpeaks]

nope sorry, it's owed to courts at 8% pa standard on all CCJ's.

 

A judge in special circs can make provisions but it's rare

 

Plus the claimants may not have been informed of all payments made to the company you are paying.

 

Check the details as well - you shouldn't have a charge AND be paying it - it's one or the other.

[debt4get]

i dont quite understand what u mean by having a charge and paying it also having been paying claiment direct not through court

[CourtOfficerSpeaks]

Well from what you say it appears you've had the car taken towards the debt, your paying it, AND they have a charge on your property. From what your saying (although i'm probably hearing you wrongly?!) it sounds like they're trying to enforce it in 3 different ways, wasn't you car sold to raise funds towards debt?

 

Paying direct is fine, but you'll need a Certificate from court. Therefore it'll be much easier to get if your paying court.

 

I always tell people to tell creditors if they're paying court. Tell your creditors this and they shouldn't moan at all, what more can you do?!

[CourtOfficerSpeaks]

One other thing, if possible in the future, buy your cars for cash. Finance companies rank 3rd in my pet hate lists

[debt4get]

yeah u r correct they did take the car which I purchased for 4600 and sold it for 100 leaving me with the shortfall, can u explain how they are enforcing it 3 ways as far as i can see all they have is the ccj and charge on my property which I gather they took out when i failed to pay ccj

[sequenci]

nope sorry, it's owed to courts at 8% pa standard on all CCJ's.

 

 

If the original agreement was regulated by The Consumer Credit Act then statutory interest can not be added.

 

The relevant statute is The County Courts (Interest on judgment debts) Order 1991

 

Results within legislation - Statute Law Database

 

The agreement may have provisions for contractual interest after judgment, you would have to check it and see.

 

There are many arguments about interest on charging orders too.

 

Do you know if the original agreement was regulated by The CCA?

[CourtOfficerSpeaks]

£100 seems low for the car - £4600 and they only got £100!

 

Well if they have the charging order, then that answers your question. You don't need to pay as they have the order. I would check the amount has been frozen (like what sequenci says above - check the interest) then if it is. Leave it until the house sold. If not, pay it and remove the charge. Sounds like you ain't had it good mate

[debt4get]

cannot not pay as when I became ill and didnt pay for 2 months had letter saying they were going back to court to enforce charge order and sell my property as I do not want to move the only way to stop it was to carry on paying

[debt4get]

as to the 100 for the car the judge said that was perfectly legal as the company does not have to get the best price just to help you

[CourtOfficerSpeaks]

I know it's legal, i'm just saying - sounds harsh.

 

They can't force you to sell your house mate, they get a charging order and it sits there until you sell the house.

[debt4get]

sorry m8 I think your advice is wrong they can apply to the courts to have the charging order take force and the courts can make you sell property in order to settle the debt this is why a lot of companies are now using this route to force debtors to settle

[sequenci]

 

They can't force you to sell your house mate, they get a charging order and it sits there until you sell the house.

 

they could apply for an order for sale although the court would probably think it to be unreasonable for such a low amount.

[debt4get]

sorry m8 u are quite right

A charge on a property means that if the property is sold, the charge has usually to be paid first before any of the proceeds of the sale can be given to the judgment debtor. You should note, however, that a charging order does not compel the judgment debtor to sell the property.

in that case why is he trying to force me to pay the letter I recieved states categorically and I quote "take notice that if no payment or contact is recieved from you within 7 days it will be the intention of the company to apply for a WARRANT FOR REPOSSESSION OF YOUR PROPERTY"

This guy is charging me 8% interest from judgement date and charging order fees of 94.00 pound somewhere along the line I've been getting duff advice cos it looks like he cant charge interest on the debt after the date of judgement

[CourtOfficerSpeaks]

Being honest i actually didn't think an order was possible under a certain amount. I was aware a house sale could be forced but not for any amount. I thought there were terms like "must be 50% of sale value" etc etc

 

i stand corrected :o

[sequenci]

nblaen:

 

where di you get the vehicle from? is it a consumer agreement? if so it it regulated by the consumer credit act? is it possible that you still have the paperwork? do you still have information about the court judgment from the court?

 

(sorry for millions of questions, i want to help you get this straightened out!)

[debt4get]

yeah bought the car from a local garage who had their own finance arm

the car was financed under a contract which said the car was not your property until you had paid the very last payment, as I had car repossesed due to illness and non payment believe when car sold I was liable for shortfall didnt expect it to be given away

I then dug in heels in and said sod you 100 quid on a 4600 car was a joke

it seems the jokes on me

taken to court and ccj issued didnt pay next thing charging order on house and repossession of house threatened went to court to stop this, was successful but judge refused to remove charge order even though myself and co. agreed terms. once again illness forced non payment and again letter going to court to have warrant for repossession which I have since read is actually allowed there is so much misleading information some sites say they can sell your home others say they cant I am totally bloody lost

[debt4get]

according to this site Debt Factsheets - Charging orders in the county court they can sell your home

[debt4get]

How does it do that?

 

A charge on a property means that if the property is sold, the charge has usually to be paid first before any of the proceeds of the sale can be given to the judgment debtor. You should note, however, that a charging order does not compel the judgment debtor to sell the property.

this is from Charging Order who the hell do u believe this is an absolute minefield

[debt4get]

If a creditor has taken the debt to the county court, they may be able to add extra interest once a charging order is made. Interest cannot be added if:

• the debt is for an agreement regulated by the Consumer Credit Act. This includes most ordinary credit agreements, including bank overdrafts.

or

• the debt is less than £5,000 in total, even if it is not covered by the Consumer Credit Act.
  
• If the debt is more than £5,000 and not covered by the Consumer Credit Act, then interest is set by the court and runs at a standard rate.
  
• SO THEY CAN ADD INTEREST IF THIS IS TO BE BELIEVED UNLESS THE DEBT IS UNDER THE CCA

[sequenci]

Do you have a copy of your contract? Could you consider a SAR against the company?

[debt4get]

dont really see where a SAR is gonna get me?

the guy is like holding the sword of damocles above me and there is no way out