Old CCJ (1998) still valid + adding interest

[Dave_N]

From what I've read CCJ are on record for 6 years.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

First National Bank - CCJ (dated 30.09.1998) = £1300.44 + Costs £163.50 = Total 1463.94

by installments of £6.78, Needless to say I'm still paying it (rounded up to £7.00)

-

I've cleared all other creditors over the years mostly by Full & Final settlements, but First National Bank were the only one to take out the dreaded CCJ.

- T

Cannot remember - but it has been with a few collection agencies in the past but now with Link Financial.

 

Recent communication with Link Financial to find out exactly what amount I owe - they commented that contractual interest has been added.

 

When I talk about the CCJ and it states in the 'TAKE NOTICE' that *"if judgment is for more than £5000. the plaintiff may be entitled to interest"

 

and that interest should not be added - they say that the CCJ only last for six years.

 

Question:

 

Are they right and the CCJ doesn't count anymore because it's over 6 years old?

 

I've still got a lot of payments to go - I still reckon I owe over £550 (without interest)

 

Dave

ps: I have a reasonable good relationship with Link Financial - they are going to send me a statement hopefully showing when and how much the interest is - they did say that the interest has only been added for the term of the original loan.

[dx100uk]

unless the ccj specifically states interest can be added, then whoever has added it, is doing this unlawfully.

 

dx

[Dave_N]

Thanks - when I get the statement adn can see exactly what they've charged, i'll querie it.

 

But are they right and the CCJ's doesn't count anymore when they are over 6 years old?

Does this mean that the Judgement is not in force?

or

Does the judgement stay enforced until the whole debt is paid - no matter how long it takes?

I'm looking to make them a full & final offer of around 60% - but first I have to establish the amount I owe, and can I do this with a CCJ still in place.

[42man]

No the CCJ will still be valid for as long as you continue to pay (it will drop off your credit files after 6 years).....If you haven't made a payment towards a debt that has got a CCJ on it in 6 years then although it doesn't technically become statute barred, the creditor has to take it to court to get it enforced again...but I haven't seen this ever before...as the emphasis moves to the creditor to state why it hadn't been enforced....

 

As for a full and final, then they don't have to come to a deal (and probably won't) as they don't need to as it is a judgment debt.

 

Do you still have the judgment details ? if not then you can find them here - CCJs, court orders & fines - Search yourself and others - Trust Online

[djc]

dave n

 

i may well be way of beam but it is still possible to establish if the creditor has an enforceable loan agreement against you.

i have been in a similiar situation to your good self and followed the road of challenging our agreements that had ccj registered against us from 1992/3 we are now in the position of challenging each of these agreements as the original creditors/dca's have been unable to produce the important agreements. one of which has a chargeing order and whilst they have wriggled and threatened the usual reprocussions but all without exception are slowly capitulating.

if however you are in a position to be able to clear this debt by ff payment it is possibly to your advantage to proceed on this course. if not the decision is yours.

 

good luck

 

djc

[Dave_N]

Thanks All

I’ll wait for the statement (may take a few weeks) to see what interest their adding and determine whether or not they have the right to do so.

Dave:

Moorcroft Debt Recovery Ltd - Settled (£625) of (£1420) Full & Final

Unidept - Settled (£600 of (£1155) Full & Final

NCO - Settled (£3000 of (£7264) Full & Final

Icor - Settled (£70.00 of (£102.50) Full & Final

[Dave_N]

Received statement today: Sent me a copy of my signed agreement as well: to my amazement they show interest taking the debt up to £5157.44 saying the settlement figure May 2009 is £945.57 bearing in mind that the without interest I’ve worked it out I owe £576.00

Just recap CCJ was in Oct 1998 for £1457.16 been paying £7.00 pre CM

Payments from Oct 89 until Apr 01 show NO INTEREST?

Then in April 2001 they lumped £599.98 in interest and been charging interest on a monthly basis ever since?

In the agreement they refer to the following clause?

9) © 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)”

Any idea’s where I stand?

Dave:

Moorcroft Debt Recovery Ltd - Settled (£625) of (£1420) Full & Final

Unidept - Settled (£600 of (£1155) Full & Final

NCO - Settled (£3000 of (£7264) Full & Final

Icor - Settled (£70.00 of (£102.50) Full & Final

[Dave_N]

First National Bank (FNB) – Link Financial

 

 

Just recap CCJ was in Oct 1998 for £1457.16 been paying £7.00 pre CM

 

 

 

Thought I would find out where I stand with them and requested a statement on the account.

 

Received statement today I requested on my FNB Sent me a copy of my signed agreement as well: to my amazement they show interest taking the debt up to £5157.44 saying the settlement figure May 2009 is £945.57 bearing in mind that the without interest I’ve worked it out I owe £576.00

 

Payments from Oct 1989 until Apr 2001 show NO INTEREST?

Then in April 2001 they lumped £599.98 in interest and been charging interest on a monthly basis ever since?

 

In the agreement they refer to the following clause?

9) © 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)”

 

Any idea’s where I stand?

 

Do you reckon they will still accept a Full and Final any ideas what percentage I should try for from what figure?

 

Dave:

[harrassed senior]

I am almost sure that this is not allowed. The amount on the CCJ is the only amount you have to pay to satisfy the CCJ, and once this is done and you have receipts for that amount I would contact the Court and ask for a Note of Satisfaction. Once you have that they can go whistle for any illegal amounts they have added.

 

I would suggest that this also needs reporting to OFT and the Courts' own complaints procedure.

 

Hope this is right, but others will have more help hopefully.

[Belaflat]

That clause is allowing them to charge interest after judgement.

I am not an expert but reading that, it tells me that the interest charged is legal and seperate from the judgement, ie, after the judgement is satisfied, the interest accrued is a seperate debt altogether which they may chase you for through the courts again if they wish.

I hope I am wrong but....

[Dave_N]

That clause is allowing them to charge interest after judgement.

I am not an expert but reading that, it tells me that the interest charged is legal and seperate from the judgement, ie, after the judgement is satisfied, the interest accrued is a seperate debt altogether which they may chase you for through the courts again if they wish.

I hope I am wrong but....

 

I think your right - they can charge the interest due to their clause

Bit that baffles me is on their statement looks like they weren’t charging any interest from the start of the judgement Oct 1998 –

Then in April 2001 they lumped £599.98 in interest the start of the interest ever since?

 

Dave

[babybear39]

Maybe someone got their sums wrong and it showed up in an audit

[cerberusalert]

It may be worthwhile 'phoning the court manager and getting their opinion. I was under the impression that once a CCJ had been obtained that in effect cancelled and re-wrote any previous agreement, and unless the judge expressly stated in the order that interest could be charged they are not able to add it or any other charges for that matter.

[postggj]

i was under that impression to

 

they can put whatever they like in an agreement

does not make it legal

 

a ccj means an account has been terminated

 

grey area this

[babybear39]

I too have been under that impression, we need clarification from a legal bod.

[Dave_N]

i was under that impression to

 

they can put whatever they like in an agreement

does not make it legal

 

a ccj means an account has been terminated

 

grey area this

 

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

[Dave_N]

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

[cerberusalert]

The CCJ supersedes any CCA agreement. Unless the judgement stipulates interest then they cannot add any and CCJs from that period very rarely did.

[Dave_N]

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.

 

Edited July 3, 2011 by Dave_N

[dx100uk]

as stated unless the interest link claim is specifically stated in the judgement boxes, they cannot charge it.

 

link will try all kinds of trick to fleece people.

 

p'haps sar the OC work it out?

 

dx

[cerberusalert]

It doesn't matter what conditions there were in the original agreement, the CCJ supesedes it; the legal definition of supersedes = obliterate, replace, make void, or useless.

 

Unless your CCJ specifically states that interest can be added then non can be nor can they rely on the original credit agreement.

 

Did the CCJ stipulate what the repayment per month should be?

[cerberusalert]

Just to add one thing further, if they attempted to obtain another judgement for interest based on the original credit agreement it will be seen by the court as a 'split-claim' which is an absolute no-no.

[cerberusalert]

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

They can legally purchase the CCJ but not the original CCA because it doesn't exist any more ergo they cannot add interest subject to its terms and conditions nor would they be successful in any future legal claim for interest as per its T&Cs.

[Dave_N]

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.

[Dave_N]

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

 

Thanks