Ccj, hceo, post judgement interest

[postggj]

i will try and be brief on this one as baliff issues is not my thing

an ex collegue at work has been having problems with HCEO

 

he had a ccj for 6.5 k, with costs 7k

 

the claimant set their dogs onto him via HCEO and all he is paying is £10 a month due to his employment status.

 

HCEO are now saying they are going to start and charge INTEREST on the outstanding amount.

 

the ccj judgement states judgement for the claimant and must pay 6.5 k

(and interest to date of judgement) with £500 costs

 

so my question is can HCEO charge post judgement interst when the ccj judgement is interest up to the judgement date and states nothing about post judgement intersts

[sequenci]

Hello there.

 

I believe they could charge statutory interest at 8% per year.

[postggj]

it would be nice to get some form of confirmation though

 

what i cannot understand is HCEO is using a judgement as its authority, and that judgement does not state post judgement interst. only interest up to judgement

 

so how can HCEO now charge interest

 

he is paying back at £10 per week

 

if they start charging interest, he will never have a hope in hell of making a dent in it

[ploddertom]

Is the £10 per week a sum fixed by the Court or a voluntary payment? Trying to establish if as he's paying weekly why they set the HCEO on him.

[postggj]

the £10 per week is being paid direct to the HCEO

 

the claimant set their dogs HCEO on him within days of the judgement

[postggj]

Hceo realised when they paid a visit he did not have two pennies to rub together

[ploddertom]

OK, 2 things for him to do, one is more urgent than the other.

 

First of all he must apply for a Stay of execution against the HCEO, if granted this will halt all further enforcement action & charges. He applies for this on Form N244, cost of application is £80 but if on a low wage or certain Benefits he may be entitled to help - see Form Ex160a for Fee Remission. The grounds he applies for his Stay on will be:

i - he cannot afford the fees demanded

ii - the HCEO should realise he has no means and should return the debt to the Judgment Creditor

iii - pending determination of a Variation Order

I can help later this evening filling the rest of the form in and have some hints & tips on how it should be filed. This is the most important application of the two.

 

The second application he needs to make is for a Variation Order whereby the Court can set the level of payments, this is done on Form N245 - application cost £45 or may be able to waive the fees as said above. For this he will also need a comprehensive I&E.

[ploddertom]

Going back to the original CCJ did he have any knowledge of this at the outset? Did he defend it? may I ask which HCEO this is?

[lookinforinfo]

What was the judgement for? If it was for a loan governed by the CCA, then post interest cannot normally be added.

[postggj]

the judgement was for an over payment of wages

 

he got a judgement by default as he develped the ostrich syndrome

 

its sherit force

[ploddertom]

N244 Form:

 

Name of Court - where CCJ was awarded

Claim No - CCJ number

Warrant No -

Claimants Name - name of Claimant as entered on CCJ

Defendants Name - name of Defendant as entered on CCJ - yourself

Date - when you filled this in

Q1 - put your name in here

Q2 - tick relevant box

Q3 - a brief description - you are applying for a Stay of Execution on the following grounds:

i - you have no means of paying the Fees demanded

ii - pending determination of a Variation Order

Q4 - tick no

Q5 - tick at a hearing

Q6 - leave blank

Q7 - leave blank unless relevant

Q8 - District Judge

Q9 - Claimant & Defendant & HCEO

Q10 - needs expansion of Q3 - better done on sheet(s) of paper with each point bulletted. Remember to copy Statement of Truth on to last sheet & sign + date. Tick statement of case on form and again sign + date

Q11 - fill your details in

 

The form once completed is better taken in person to the Court. You will need a Court that also acts as a District Registry of the High Court, some of the smaller Courts hardly ever see these applications and so struggle with them whereas the larger inner city Courts deal with them regularly. He will need to explain the urgency of the application and usually a Judge can be found who will hear the application immediately. If granted he needs to notify the HCEO Company ASAP and forward the paperwork to them when it comes.

 

The N245 application needs to be sent to the Court where the original CCJ was awarded.

[brassnecked]

the judgement was for an over payment of wages

 

he got a judgement by default as he develped the ostrich syndrome

 

its sherit force

 

Youi mean Sherforce? Follow ploddertoms advice and get these leeches off the back, the court will set an affordable payment and get Sherfarce out of the picture

[wonkeydonkey]

i will try and be brief on this one as baliff issues is not my thing

an ex collegue at work has been having problems with HCEO

 

he had a ccj for 6.5 k, with costs 7k

 

the claimant set their dogs onto him via HCEO and all he is paying is £10 a month due to his employment status.

 

HCEO are now saying they are going to start and charge INTEREST on the outstanding amount.

 

the ccj judgement states judgement for the claimant and must pay 6.5 k

(and interest to date of judgement) with £500 costs

 

so my question is can HCEO charge post judgement interst when the ccj judgement is interest up to the judgement date and states nothing about post judgement intersts

 

Only a matter of a few weeks ago, I helped a cagger with detailed assessment to fees..... the Judge herself ordered, at the time the stay of execution and variation to payment was first heard, that Sherfarts justify their fees. At that hearing the Judge was emphatic that Sherfarts were not entitled to charge interest as the CCJ only allowed interest be charged up to the date of the Judgment and there was no provision thereafter.

 

It has to be noted Sherfarts removed the claim to interest from the equation to the Bill of Costs produced to the hearing for assessment?????

 

I strongly support PT's suggestion to an application for stay of execution and variation to payments.

 

WD

[postggj]

thank you all for the prompt replies people