A & L CCJ still adding interest

[russ2101]

Hi, firstly can i apologise if this is posted in the wrong place, i looked round and this seemed the right place to post.

Back in i think 2007 i was given a CCJ from the A&L now Santander, i recieved a yearly statement which they are still classing it as a 'unsecured personal loan' which isnt a big thing but i wasnt sure was right as i thought once a CCJ had been given it was classed as the contract being terminated??

anyway the agreement is £50 p/m to be paid which wipes £600 off the debt in the year, then they have added £768.86 outstanding interest at the bottom it says (outstanding interest- means the amount of interest that is payable should the account run to the end of the agreed term).

so the acutally amount i owe is going up every year, i thought once the CCJ was in place that was the final figure and nothing could be added to the amount after that?

if it'll help i'll try search out the court p[apers from the CCJ.

[rebel11]

Thread moved.

[DuffNCustard]

Its moot - you need to refer to the judgement - did they claim contractual interest? If they did they must have a clause in the original credit agreement stating this. If the court awarded it anyway and now 3 - 4 years later you want to argue it then you'll have a steep hill to climb. If its not on the judgement then that's it they cannot charge the interest and a suitable response disputing the balance owed should be sent.

[liquidauctions]

Custard is correct

[Guest]

russ

what interest has been applied? 'statutory' or 'contractual'? check the judgement

[russ2101]

holy cow its taken so long to find it!! i thought at 1 point i'd thrown it in a fit of madness.

 

here goes, to the defendant:

the claimant has objected to the rate of payment you offered.

the court has therefore decided the rate at which you should pay. you must pay the claimant £14729.00 for debt (and interest to the date of judgement) and £395.00 for cost (less £10.00 which you've already paid)

 

so i guess they cant charge me for any interest after judgement from this then?

also 2009's statement came through with PPI on which i complained about and they Supposedly diducted what i'd been paying!!

so whats the next step is it a SAR to see what i've been paying for?

[vjohn82]

Game over then. They have breached the court order.

[russ2101]

so what do i do now?

[vjohn82]

Depends really; you could have a claim under the CPUTR 2008 legislation... or perhaps you could write to the Claimant and request adherence to the court order.

 

Technically speaking it is classed as civil contempt. The court order makes it quite clear, in the wording you provided, that interest is only to be applied UPTO the judgement date. Courts might be persuaded that ambiguous wordings might lead to the sort of confusion that the Claimant will no doubt claim but to me it's quite clear cut; it says nothing about the Claimant being entitled to accrue interest on the judgement and even makes it plainly obvious that the interest the Claimant is entitled to is interest upto the judgement date. No ambiguity here!

 

But hey, ambiguity or not - let's retreat to statute for real authority:

 

(2) In the case of a judgment or order for the payment of a judgmentdebt, other than costs, the amount of which has to be determined at alater date, the judgment debt shall carry interest from that later date.

 

(3) Interest shall not be payable under this Order where the relevantjudgment—

 

(a)is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974(1);

http://www.legislation.gov.uk/uksi/1991/1184/article/2/made

 

Looks pretty watertight to me. No interest to be applied on agreements regulated by the CCA 1974 enforced and carried by judgement.

 

An SAR might be a good idea at this stage if only to get a broad picture of the situation with the creditor.

 

You mentioned PPI though... have you made a claim to have this refunded (if mis-sold)? Was it part of the original contract?

[russ2101]

it was part of the orignal contract, but they send me a yearly statement and they were still charging me for it seperate after judgement

[russ2101]

i forgot thanks for the advice

[vjohn82]

it was part of the orignal contract, but they send me a yearly statement and they were still charging me for it seperate after judgement

 

You aren't still paying it I hope? lol

 

Did the original judgement contain the PPI instalments too? I only say this because if the PPI on it was unfairly sold there is a judgement being handed down soon which I believe invalidates the original agreement. Your judgement could be ripe for a set aside ;-)

 

But hey, keep making your payments for now if they are affordable so that you do not breach the order. Keep the moral high ground with this and it'll reap benefits later on I'm sure.

 

i forgot thanks for the advice

 

No probs!

[Guest]

russ

as posted above, statutory interest (currently 8%) accrued from the date of a judgement is not allowed re a regulated debt (s74 county courts act, and the 91 Order). stat interest accrued from the 'cause of action' up to the date of judgement (s69 county courts act) is claimable. looks like s69 interest has been awarded in your judgement.

double check though, that the interest they state in your first post is not just a statement of the s69 interest up to judgement that has been awarded? such interest is only payable once the 'principal sum' has been paid (and so remains 'outstanding' till then. (so, in your case, 768.86 will become payable at the end?)). is the £768.86 a fixed/'static' amount ie no interest is accruing?

imo

Edited February 27, 2011 by Ford
typ ( )

[russ2101]

hmmmm, until finding the Judgement lastnight i couldn't remeber what year i was acutally given the CCJ, i was given it in 2006.

And now after working out what should have come off the amount agreed and the amount on the statement is alot less so i fear they are in the right and the interest is just being added as the fixed amount agreed.

but they were charging me for a PPI up until last year, so i think i'm gonna get a SAR still to see what i have acutally being paying for. thanks for the advice everyone but i'm sorry it looks like i could have made a school boy error.