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CCJ & Interest

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Not sure if Im asking in right place I apologise if I'm in wrong area.

 

I have a question regarding a ccj & interest

 

under notes for defendant it says "if judgement is for £5k or more or is in respect of a debt which attracts contractual or statury interest for late payment the claimant may be entitled to further interest"

 

Does that mean any judgement over £5k the claimant can add extra interest on top of judgement total?

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Only if there is a clause in the original contract that states contractual interest will be applied in the event of a default or judgement - words to that effect. It would not form part of the judgement but would be 'invoiced' (sorry!) separately. Statutory interest can be requested when the claim is made it is 8% - which is applied to the amount of the debt and then calculated at a daily rate. The request will then be made to apply that daily rate to the claim from when it is made until judgement is awarded. Claiming statutory interest does not mean that it will be granted but the claim would need to be defended otherwise it will be 'rubber stamped' interest and all.

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I don't have a copy of the original agreement I've just sent sar so hopefully will have it soon and will see what it says. It was for a £3k loan from welcome back in 2007.

 

The copy of the judgement i have says "you must pay claimant £7,468.32 for debt (and interest to date of judgement)"

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£7500 for a £3000 loan??

 

Did you defend. Is there any charges/PPI on the loan you took out?

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No I didn't defend as no longer lived at the address so didnt know about it, first I knew of the ccj was over a year later when money was missing from my wages and found out I had an attachment of earnings.

 

when I called court to find out what it was for I was told it was for welcome debt I did say I knew nothing about the ccj as had moved but was told that meant nothing as it was my responsibility to inform welcome of new address.

 

As I knew I did owe them I did nothing further at that point as didnt know what else to do and paid £2531 via attachment of earnings.

 

I was then made redundant and started working self employed so made no further payments.

 

Was at court with a friend a few weeks ago and while there decided to get copy of the ccj as I had never seen it.

 

Judgement date July 2008, for £7788 inc costs.

Attachment of earnings payments June 2009 - may 2010

Court told me they reapplied for attachment of earnings aug 2010 but marked as unemployed as previous employer told them I no longer worked there.

 

I have lived at my current address since June 2008 and have never had anything from welcome or court. Court have my correct address since my phone call June 2009.

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I can't remember if there was PPI but I'm sure there will be plenty charges. Again I'm hoping the sar will give me this info

 

I have a copy of my credit file from noddle and looking at the balance history, the balance at time of judgement July 09 shows £4863 but a year after judgement balance has gone up to £8689 so looks like they have added

More interest.

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edit :) see now, when there was first shortfall, you enquired and found out about ccj re enforcement via attachment

4k in a year! sounds like contractual interest?

you need to try and get this interest stopped/reduced asap.

is there any more to the judgment?

Edited by Ford

IMO

:-):rant:

 

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To the defendant

You have not replied to the claim form.

It is therefore ordered that you must pay claimant £7,468.32 for debt (and interest to date of judgment) and £320 for costs.

You must pay the claimant the total of £7,788.32 forthwith

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That's all other than address for payment, case number & my details

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ok, seems then any interest post is re contractual interest. as duff says, this usually accrues in a separate pot to be paid once the judgment sum has been paid. and then would need to be claimed on separately by the claimant.

could consider applying for a set aside as say didn't get the claim form, but that could be a long shot. if you do apply on that also request that in the meantime any enforcement action and interest cease. eg http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

if it is contractual interest then they would/may need to comply with certain regulations re that eg info/notices etc depending on when the judgment was. also, could consider trying to stop/reduce the interest eg via a time order. eg http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=18_interest_charges_on_a_consumer_credit_judgment

Edited by Ford

IMO

:-):rant:

 

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Just had a read of the link about interest and looks like it will come down to what does it says in original agreement will wait and see what it says once they respond to sar and will report back.

 

Thank you for your help so far

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I think you may find that the original credit agreement is now superceded by the CCJ - ie the CCJ now represents the contract. As the CCJ is dated 2008 you are going to be hard pushed to start setting it aside - too many moons have passed.

 

Now this contractual interest business - your CCJ states you must pay 7788.32 - that was the total amount of your debt no matter if it originally comprised charges, statutory interest, you didn't dispute the amount so they were awarded it. However the contractual interest is something else, have they sent you statements? The SAR request should show this - lets hope they have not. If this is the case then they have shot their bolt, they are required to send you statements very regularly (cannot recall the prescribed details). If they have not sent one they cannot send one that includes all the backdated interest.

 

I have a suspicion that you are being used as a cashcow.

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We have heard nothing from welcome since early 2008 before we moved and have had nothing from them or the court at all at our current address which we moved to June 2008.

 

I'm not looking to get the ccj set aside, I just want to find out what really is owed. As assumed they hadn't chased us as wasnt much left to pay, but I wasn't aware of the ccj being 7k until I saw a copy of it a couple weeks ago I assumed it was around 3k.

 

As there is a ccj can I not reclaim any PPI and charges now is it too late?

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as mentioned in the nat debtline link, the s130a cc act requirements re PJCI notices apply re judgments on/after 1/10/08. noticed bubbl's is 7/08!. so, s130a wouldn't apply. but, think they should still provide statements/info etc? also, re fairness. that link provides a useful sum of post j contract interest issues.

Edited by Ford

IMO

:-):rant:

 

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