Old CCJ (1998) still valid + adding interest

[cerberusalert]

When you originally got the CCJs was there an order made as to what you had to repay monthly? If so stick to that.

 

Or did you come to an agreement with the original lender as to how much you paid per month? If so continue with that amount.

 

Did the original CCJs make any mention of interest or did it stipulate a specific amount had to be repaid?

[Dave_N]

When you originally got the CCJs was there an order made as to what you had to repay monthly? If so stick to that.

 

Or did you come to an agreement with the original lender as to how much you paid per month? If so continue with that amount.

 

Did the original CCJs make any mention of interest or did it stipulate a specific amount had to be repaid?

 

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).

[cerberusalert]

Judgment ordered to pay the sum of £3095.31 by installments of £15.34 ever calender month.

Then that is what you pay, if Link want to change it they would have to apply to the court and more likely than not a judge would laugh at them.

(subject to variation) until payment after as wellas before any judgement (such obligation to be independent of and not to mergewith the judgement).

Meaningless drivel, they cannot stipulate what a judgement will include nor can they alter a judgement.

 

As previously said continue with the payments as stipulated by the court order. No doubt you are more than aware of the payments made and what remains.

 

Write to the idiots at Link and tell them you require a Statement of Account. It will be interesting what they provide you with because if they are stupid enough to include anything not mentioned by the CCJ they will be in contempt of court.

[dx100uk]

have you received an NOA? from the OC?

 

pers i'd keep paying to whom you were and totally ignore link.

 

oh and i'd stop conversing with them too.

 

you DON'T need THEIR permission to pay off a CCJ!!

 

dx

[cerberusalert]

When you say you are now in a position to settle the CCJ do you mean in full? If so you can do so as per the CCJ do not add any 'administration fee' they are not entitled to any + you require a 'Notice of Settlement'.

[cerberusalert]

To be honest, you could be really bloody-minded with Link if you wish and make them prove that the CCJ exists because if they can't they are entitled to zilch. They would have to provide you with either a copy of the court order or the case number... if they can't they can't enforce anything because of the age of the CCJ it will be archived in court records and cannot be retrieved without a case number.

[the_shadow]

Can I just ask what you feel the gain is on paying the CCJ off early?

 

Ok, it'll get marked as satisfied on your credit file but it'll still show up until 6 years from the judgement have passed. if you continue paying the amount you are which I believe works out at 16 odd years of payments, the CCJ disappears after 6 years anyway and you are only paying £15 a month.

 

I'm guessing its cos you think the interest is accruing on this debt and it'll never get paid off... if so as has already been stated there is NO grounds for adding interest in that Judgement.

 

Oh and have a look at this:- http://www.consumeractiongroup.co.uk/forum/entry.php?191-Post-judgment-interest-on-CCA-regulated-debts

 

S.

[Dave_N]

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

Edited July 3, 2011 by Dave_N

[cerberusalert]

The more I think about this the more i smell a rat.

 

Both these CCjs are 15 years old so shouldn't even be on your credit file unless the OC was totally bloodyminded and kept updating it.

 

I would be interested to see whether in fact they can even produce the CCJ from the OCs archives.

[cerberusalert]

How are you communicating with Link?

[Dave_N]

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.

[cerberusalert]

The thing is any communications you enter into must be in writing, speaking to them on the 'phone is never a good idea particularly as the telephone jockey you will be speaking to will have a hard job knowing which planet he's on let alone the state of your a/c.

 

If you wish to settle this once and for all write to them and ask for a Statement of Account, depending on what you receive back will determine your next course of action but if they've added interest contrary to the CCJ as I said earlier they will be committing contempt of court.

 

At the end of the day you pay what remains as per judgements, no interest & no administration fees. believe me even they wouldn't be stupid enough to attempt a second bite of the cherry in a court particularly since they've been rumbled.

[Dave_N]

Then that is what you pay, if Link want to change it they would have to apply to the court and more likely than not a judge would laugh at them.Meaningless drivel, they cannot stipulate what a judgement will include nor can they alter a judgement.

 

As previously said continue with the payments as stipulated by the court order. No doubt you are more than aware of the payments made and what remains.

 

Write to the idiots at Link and tell them you require a Statement of Account. It will be interesting what they provide you with because if they are stupid enough to include anything not mentioned by the CCJ they will be in contempt of court.

 

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

[Dave_N]

The thing is any communications you enter into must be in writing, speaking to them on the 'phone is never a good idea particularly as the telephone jockey you will be speaking to will have a hard job knowing which planet he's on let alone the state of your a/c.

 

If you wish to settle this once and for all write to them and ask for a Statement of Account, depending on what you receive back will determine your next course of action but if they've added interest contrary to the CCJ as I said earlier they will be committing contempt of court.

 

At the end of the day you pay what remains as per judgements, no interest & no administration fees. believe me even they wouldn't be stupid enough to attempt a second bite of the cherry in a court particularly since they've been rumbled.

 

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

[cerberusalert]

Tell them you want a 'Statement of Account' depending on what you get back will determine your next actions.

[Dave_N]

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.

[the_shadow]

Why the "without prejudice"... this debt is already subject to a CCJ, they dont get two bites of the cherry.

 

S.

[the_shadow]

I'm with Cerbs on this one... DEMAND a statement of account and if it has interest on it then you need clarification from them where in the judgement the allowance of interest is mentioned.

 

S.

[Dave_N]

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

Edited July 3, 2011 by Dave_N

[BRIGADIER2JCS]

Just had a quick read 7 -14 days maximum.

[dx100uk]

something smells here

 

cash-cow comes to mind

i think GE money/link has had you over a bucket for years

both of which are well known for it.

 

how much do you think you have paid in this time?

 

dx

 

 

what was ther origiunal debt and how much was it?

[BRIGADIER2JCS]

there is a lot of detail in posts 1 to 4 if it's any help DX.

[Dave_N]

something smells here

 

cash-cow comes to mind

i think GE money/link has had you over a bucket for years

both of which are well known for it.

 

how much do you think you have paid in this time?

 

dx

 

 

what was ther origiunal debt and how much was it?

 

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

[Dave_N]

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

[twofoot]

Pay what's on the CCJ, end of. Link are morons trying to fleece you. Personally I would still pay monthly but I do see your point,you want it out of the way. If you write to the court with the case number they will tell you if link can add interest, they can't. Then just wave the court letter at them.