Can solicitors disregard CCJ

[dulede]

Hi Diddydicky,

 

I'm in an awkward situation at moment. Won't be once I get full control over money and save a couple of hundred pounds for emergency use. I seem to get there but blink and wham - £2 or so left in account - but one day maybe I'll get a respectable bank balance. But at moment I'm controlled by payments which come to me on a moving date basis as they are fortnightly and 4 weekly. So this month could be on 25th, next month on 22nd and so on.

 

Because of this lack of financial control I have the absolute minimum set up on DD. Cost me so much in past and even with charges issue going on in courts the banks always get their pound of flesh when your most skint. My illness means focus has been erratic in past and only now getting on top of things. Impetus is there now to protect my families interests. Up til now sometimes appears as if my brain has been transplanted to my a*** but I believe I'm coming out of this much wiser, if a bit poorer.

 

You're dead right that SO is much better than DD but at this moment in time is still risky so I 'currently' ring up and make payments as money arrives. This I am gradually changing over into transfers direct from my bank so I can get in front on things. This especially the case with things like virginmedia bill which charges £5 non DD fee plus £10 as soon as your late paying it. Now thats a format for making profits. SO will be great once I get some money to actually stay in bank and not have to cover 'emergencies'.

 

Regarding letters etc, I'm photocopying - or copying at least - all correspondence and generally if I send something by way of letter it also goes by email. Belt and braces...only way to go I think.

 

Appreciate your advice. I'm learning as I go here....this is the sort of stuff you really should make kids aware of as they come to end of schooling. My current problems as a 42 year old - ultimately stem from an over active signature finger as soon as I reached 18. I've constantly found Joneses to keep up with ever since and wasn't expecting a mental meltdown. So believe me the banks may be bad boys but its all my fault all the same.

 

take care. dulede

Edited October 17, 2009 by dulede

[diddydicky]

i understand

 

for me- making sure that the creditor cannot get a charging order by virtue of a payment that is a few days late would be of paramount importance, therefore IMO i would rather end up overdrawn at the bank- having paid the SO to the creditor- and then sort that out with the bank- than let give the creditor an inch of leeway

 

that said i appreciate you have to do what you have to do in your own circumstances

[dulede]

for me- making sure that the creditor cannot get a charging order by virtue of a payment that is a few days late would be of paramount importance, therefore IMO i would rather end up overdrawn at the bank- having paid the SO to the creditor- and then sort that out with the bank- than let give the creditor an inch of leeway

 

 

Hi Diddydicky,

 

Does the bank have to pay a SO even if it takes you overdrawn then?

 

In past regarding DDs if the DD goes through and no money in account, my account would show DD going through until close of business. But as taking OD they'd then stop payment and I'd have charges too. Would willingly pay charges in that case if the creditor got paid but wasteful if not. Saying that, I'm not 100% on this so will have to go back through statements. I've only ever had one SO and that was years ago on original mortgage.

 

Regarding how they got the charging order.

Wasn't so much because I didn't have money in at time, but because I didn't use DDs at time. My mental issues left me unfocused and I could have been taken to the cleaners by anyone. My head was in a right mess and I wasn't responding to letters or phone calls etc. Spent quite a few nights sleeping in car and with other things going on we had more important things to consider than the banks. Eventually your head has to come out of sand though and you find you've been clobbered. I'm now paying for my illness in many ways but it was a bad time that I don't want to go through again and while things are still hard they ain't as bad as they were.

 

Will make sure payments well in advance on Wife's CCJ - aint'making same mistake.

 

BTW love this site cos it helps allay fears and can help prevent problems before they arise. Great stuff. I've wanted to fight my corner so much more since joining this site. You can learn something new every day.

 

take care, dulede

Edited October 17, 2009 by dulede

[diddydicky]

well they dont HAVE to- but most will pay it and then charge you for going overdrawn (thats how they make their money!!)

[dulede]

I'll just stay on top of it...take no chances

[harrassed senior]

Hi, Having read through the above, I have a system which I find works really well. Admittedly it requires a little money to set up, but them it works well, for me, anyway.

 

I set up a second bank account alongside my current account, a savings account from which I inform creditors etc. that it does not accept automatic payments only account holder bank transfers over the internet. - of course you would need to be signed on for online banking and your bank would allow you to open another account.

 

Second step is to calculate all the money need to go out during a month (at least those that are important and must be made by a certain date in the month) Once you have this figure try and make sure that this amount is in your account on the 1st of the month (thats' the hard bit for the first month) after that pay into the account during that month enough so that you have the whole amount for the next month in the account by the 1st again. You can then start to make online transfers a few days before each payment is due.

 

With regard to your income 'dates' assuming these come in on regular weekly/4weekly/monthly increments you could also work out which are your good and bad weeks and then request a different 'pay day' from any creditors that could be moved to make things easier.

 

This works perfectly for me, so hope it helps you.

[dulede]

thanks for that harassed senior,

 

i've got a savings account alongside my current. unfortunately, deposits tend to be withdrawals within maximum of 2 weeks but I am improving.

 

I've found recently that using online banking can keep you on top of payments and it can feel great. Emergencies tend to be the bugbear at moment so I do need to get say £200 put aside to cover these.

 

I will say that there is one benefit in being so far in the red. You ain't got a hope in Hell of more credit. Cash only can be a blessing. You can't be a lemming for new gadgets...well not often.

 

regards, dulede

[JonCris]

Lord Woolf raps solicitors for CPR failings | The Law Gazette

[violethill]

hi can anyone advise , i have 2 ccj with yorkshire bank from 2000 they originally were with jeremy sutcliffes then out of the blue merlin financial took them they then last year went to mortimer clark i missed a payment and now 3 months later they are with phoenix recoveries and are going to start charging interest is this illegal as any one else had this happen can this now be unenforceable as they don,t mention it,s a ccj they have only sent me a statement of account from1-10-2008 when the accounts are originally from 1998 help:???:

[dulede]

Hi violethill,

 

According to HMCourts website when a company claims against you via a CCJ they need to adhere to the following:

 

Q. Do I need to tick the box about reserving the right to claim interest?

A. If you wish to claim interest in you claim you will need to tick this box and then copy and paste the pop up box that appears into the particulars. You must ensure you complete the brackets in this paragraph correctly to enable you to claim interest.

 

Q. How do I work out the interest I am entitled to?

A. If you are claiming interest under section 69 of the county courts act 1984 you must multiply the amount you are claiming by 8% and then divide this by 365. This gives you the daily rate of interest. You must then work out how many days have passed since the date the invoice was due until the date the claim is issued. Not only must this be stated in the particulars of claim, but this figure must also be added to the amount you are claiming.

 

So if I understand this correctly a claim for interest should have been called into play at the time the debt went to court. If they didn't they probably shouldn't be claiming interest.

 

In addition, hope I'm pretty close on this. as far as I understand normally CCJs stop interest but there can be amounts over £5,000 which the company can still charge interest on, below it will normally not be allowed. Now the fact your account has gone everywhere, I've been with Phoenix and I think Merlins, the terms won't alter no matter who it changes hands to. You could check with the courts. I know I've been lucky with mine and the creditors have stopped interest. These companies will tear your heart out though if they can get their tills ringing with it. Check with the courts and you can also see if the original company that took you to court will talk to you but they may just bump you back to Phoenix. Your accounts are very old as well and if you ask them to supply details of the CCJ and / or CCA then it is quite likely they will be unable to provide everything they need to enforce this business of extra interest.

 

What are the amounts involved. They should be limited at the rate at which interest is being charged anyway which should be statutory 8%.

 

Hopefully someone more up on this will be along and advise you but I think your best to ring and specifically ask the first company involved, if they still exist and go from there.

 

take care, dulede

[dulede]

Hi joncris,

 

a little too deep for me that CPR issue with Lord Woolf. I think it can be assumed though that taking someone to court several times on same issue with each level of costs is not what he would class as 'ideal'.

 

take care and thanx,

dulede

[violethill]

Hi violethill,

 

According to HMCourts website when a company claims against you via a CCJ they need to adhere to the following:

 

Q. Do I need to tick the box about reserving the right to claim interest?

A. If you wish to claim interest in you claim you will need to tick this box and then copy and paste the pop up box that appears into the particulars. You must ensure you complete the brackets in this paragraph correctly to enable you to claim interest.

 

Q. How do I work out the interest I am entitled to?

A. If you are claiming interest under section 69 of the county courts act 1984 you must multiply the amount you are claiming by 8% and then divide this by 365. This gives you the daily rate of interest. You must then work out how many days have passed since the date the invoice was due until the date the claim is issued. Not only must this be stated in the particulars of claim, but this figure must also be added to the amount you are claiming.

 

So if I understand this correctly a claim for interest should have been called into play at the time the debt went to court. If they didn't they probably shouldn't be claiming interest.

 

In addition, hope I'm pretty close on this. as far as I understand normally CCJs stop interest but there can be amounts over £5,000 which the company can still charge interest on, below it will normally not be allowed. Now the fact your account has gone everywhere, I've been with Phoenix and I think Merlins, the terms won't alter no matter who it changes hands to. You could check with the courts. I know I've been lucky with mine and the creditors have stopped interest. These companies will tear your heart out though if they can get their tills ringing with it. Check with the courts and you can also see if the original company that took you to court will talk to you but they may just bump you back to Phoenix. Your accounts are very old as well and if you ask them to supply details of the CCJ and / or CCA then it is quite likely they will be unable to provide everything they need to enforce this business of extra interest.

 

What are the amounts involved. They should be limited at the rate at which interest is being charged anyway which should be statutory 8%.

 

Hopefully someone more up on this will be along and advise you but I think your best to ring and specifically ask the first company involved, if they still exist and go from there.

 

take care, dulede

hi dulede, the amounts are 1,300 on 0ne and only 214 on the other it was yorkshire bank to start with back in 2000 would you leave it a while or send a cca request straight away

[dulede]

Sorry - trying to delete duplicate post

Edited October 29, 2009 by dulede

[dulede]

Hi VioletHill,

 

If you can raise any money, as these are quite small debts, make offers anywhere from 60% and see what they say. DO NOT send any payment though until you get a letter by receipt saying that such a payment would be in full and final settlement and cannot be pursued further by any other associated company. Do a quick search for Full and Final Settlement and see how you feel about that idea. I've done it with small catalogue type bills and have saved on two accounts about £600.

 

I know some don't approve of this morally but many of these companies have bought your debt for peanuts and then are trying to get many times what they've paid from you. I assume you can't afford to make them rich so make small, time restricted offers, and move offer up if you feel its worthwhile. BTW I've had no food in the house and paid bills in the past but you can't live like that so you have to make a choice - survival for you or them.

 

Regards, dulede

Edited October 29, 2009 by dulede

[dulede]

Hi VioletHill,

 

see this page

 

CCJ'S - is interest frozen?

 

Quote:

and look at the posts by Stephen7 and the following one by Sequenci.

Part of it states

I have, fortunately, found the original CCJ, total amount, including costs were for £3900.

In the small print, it says interest may only be added if the judgement was for over £5000.

 

Sequenci answers with

superb! you now know they are trying their luck.

 

the £1 request under the CCA gives you the ability to request a full breakdown, you should easily be able to get to the bottom of what's happening. good luck.

 

If you can find your CCJ great as it should give everything about what is okay for them to charge you on there and if doesn't stipulate interest very unlikely they should be trying to get this from you. Its worth a £1 but been checking and most advise to send the request by recorded delivery and to ask for full details of agreement and a full statement of all that has gone on with account. Should show the full trail of your account and how it stands at moment.

 

I'm picking things up on here as I go so hope it has helped.

regards,

dulede

[violethill]

dulede thankyou very much for your help i will send a cca request this weekend and see what happens will let you know:D

[diddydicky]

if these are ccj's and they've been sold to someone else you need to check that out

[violethill]

yes they are ccjs and they started with jeremy sutcliffes from 2000- 2008 .

the statements they have sent me phoenix thatis only start at 2008 not 1998 and it says if not paying full amount my payments will be allocated in order paying interest and charges first then the principal sum so it will be a big difference to interest they have not mentioned it being a ccj . they were yorkshire bank loan and visa and they have the original account no,s at the top but no ccj no who do i find out of if these are legal tactics:?