associates/Citifinacia lCCJ Help

[feehil79]

Please help, I have had a CCJ from Citifinancial for an old Credit Card debt (about 8 years ago) I received the CCJ 3 years ago and have a montly DD set up with Solicitors they apointed to deal with it, however the balance hasnt went down any due to interest charges being added every month. The credit card debt was £500 due to charges from Citibank it is now £1390 and not moveing evern withj my £50 payment a month for the past 3 years

[comebackjimmy]

It seems extraordinary that you have paid £1800 on a £500 judgment and still have £1390 to go!

 

Was the total amount of the CCJ £500 or was it £500 plus the Court and solicitor charges?

 

If the latter, what was the total amount of the judgment?

 

Did the judgment ask for interest? If so at what amount?

 

Some judgments don't get interest, others get statutory interest if they ask for it (currently I think about 8%) and others ask for contractual interest I.E. the interest rate that applies to the card!!).

 

It is possible therefore that the £1390 is correct. However, it is equally likely that one party or another is putting spurious charges into the account. For example are the solicitors charges attracting interest and i so at what rate?

 

If it was me I would write to the solicitors concerned and ask for a statement of account. Assuming they reply this will reveal how the credits and debits on the account arrived at where they are today.

 

As a precaution send the letter recorded delivery just in case you are on to something and they try to be evasive.

 

You can also consider applying to the court for a reduction/elimination of the interest and possibly the debt. I have no idea how to do this or if it is possible. Hopefully other CAGers will come on here and provide some practical advice in that area.

 

Also; did you defend the debt or did you get a judgment by default?

 

It is just possible you could have grounds for getting the judgment set aside though this would be very difficult.

 

Finally, and this is just a minor suggestion, but consider stopping the direct debit and replacing it with a standing order. The payment remains the same but they no longer have the ability to take whatever they want out of your account.

[sequenci]

Where were you living at the time the CCJ was entered? e.g. were you in Scotland or England?

[Coactum]

The term CCJ is English and as sequenci has highlighted this is a Scottish section, however, a £500 claim would have been a small claim and subject to a maximum of £75 costs (unless I'm mistaken) which rather calls into question comebackjimmy's thoughts that the debt grew post application of costs.

 

If the Court grants interest this is usually at a maximum of 8% and so amounts to only £40 per annum on the £500 debt and even if we accept that somehow this is now £1390 8% of that is only £111.20 per annum and therefore the £50 per month payment should be reducing the outstanding balance by at least £40 per month

[feehil79]

Thanks for your help. What I meant was the charges were for unpaid account from the actual credit card company, they were called the associates when I took out the credit card but then later changed to Citifinacial, i moved home and never paid the debt (i was young) and never heard anymore for over 6 years then a I got a ccj and have now sety up a payment plan with the solicitors in charge of this debt. Is it too late for me to claim back the cc charges?

[sequenci]

Hi there,

 

Are you living in Scotland or England?

 

Was there a five/six year gap between you making your last payment and the CCJ being entered against you?

 

It may be possible to challenge these fees for sure, can you give us a bit more info?

 

Best wishes,

 

Seq.

[feehil79]

Hi thanks for the reply. Yes there was over 6 years of a gap before I got the CCJ, I have paid this account since 2008 at £45 per month but its not paid off yet. I opened the account in 2001 and got the ccj end of 2007

[sequenci]

Were you paying between 2001 and 2007?

[feehil79]

No I never paid anything at that time

[sequenci]

No I never paid anything at that time

 

Are you living in England or Scotland?

[feehil79]

Scotland

[sequenci]

Have you always lived in Scotland?

 

And is it a County Court Judgment that you have received? As these are obtained against those living in England and Wales.

[feehil79]

yes

[feehil79]

yes always lived in Scotland, it might be called a Decree, sorry Im not very good at this

[sequenci]

Hey, no worries! We're here to help, I just need to get a full understanding.

 

If there has been a five year gap since your last payment prior to the creditor obtaining their decree then it is likely that you may have a legal challenge. The prescriptions and limitations (scotland) act 1973 states that if there has been a gap of that length the debt would be 'statute barred' which means that you shouldn't have to start repaying the debt. It may be possible to apply to the court for a recall of the decree. Do you know if you have been served with a 'charge for payment'?

[feehil79]

Yeah I did get a charge for payment

[feehil79]

Can I ask who I send my letter to? Is it the credit card company or the solicitors i currently pay money to? Can I claim back all these charges for non-payments etc they have added?

 

So sorry that I may be confusing