Interest added to CCJ for rent arrears - help

[mike1234567]

The one that I PM'ed to you. Objecting to the attachment of earnings order as the total amount is wrong, as the claimant added, and is trying to claim interest that they have made up.

[mike1234567]

...the complaint about the administrative errors is separate - and the court have admitted error in processing the full attachment of earnings order a few months ago (separate issue)

[Guest]

The one that I PM'ed to you. Objecting to the attachment of earnings order as the total amount is wrong, as the claimant added, and is trying to claim interest that they have made up.

 

i thought their response was your post #94

[mike1234567]

Yes, that was the response to the complaint about administrative errors. It said if I want to claim anything I need to itemise it and write back - can I calim anything, like the time I've spent trying to sort it out as a LiP? Anything for distress or reputational damage for my employer finding out about the attachment of earnings order?

[Guest]

ok.

yeah do your fixed costs, and inconvenience.

and why not eg a heading re 'damage to reputation'?

they can only say no...

 

re the other issues, are the court saying you have to do a formal application. at cost ie re the judgment/pjci?

 

it wld be good if the guys wld look in also, see if things are on the right track

[mike1234567]

Hi Ford,

 

Thanks for all the replies and taking the time to read this!

 

On the fixed costs...is that the LiP rate I linked to earlier? Inconvenience - is there any guidance on amounts? Same with reputation. That's the thing I have no idea what is considered reasonable.

 

On the objection - no I think they are saying I can just email and object which I have done (the letter I showed you). I objected to the original suspended order in November/December and that went ok, I heard back within a couple of weeks.

[Guest]

can try the lip rates re time spent on their 'mistake'. they seem to be inviting comp.

maybe no set amount re inconvenience, ie discretionary, see what/if they offer.

same with 'reputation', whether it wld be poss or need to be quantifiable?

 

so you are still awaiting a further response re the pjci issue?

[mike1234567]

Yes, waiting for a response to the objection I made to the attachment of earnings order.

 

I think I'm going to wait until I hear about that before submitting a claim for costs. If they revoke the order or something like that, I'm going to add time/inconvenience etc on the interest as the court should have checked the amount before issuing the order.

[Guest]

ok

they seem to be inviting 'some' comp.

so yes, time spent/admin costs on their mistake.

plus inconvenience

and then maybe damages re 'reputation'?

what do you think

[Guest]

not sure atm re what to say in a letter to the court. is it just re the pjci issue.

maybe something along the lines of what i posted before.

[mike1234567]

Hi Ford, it's the post judgement interest and the pre judgement interest they are attempting to claim. It's also about the attachment of earnings order being applied for and granted with interest added to it.

[Guest]

seems then as before, what you did originally and what we've discussed on thread?

[mike1234567]

Another twist!

 

On 5 May I phoned the court to see if anything had happened with my objection. I was told it wasn't in the system, meaning it hadn't been processed yet or had been lost. I've just received a letter dated 5 May:

Your email all 18th April 2016 has been considered by the district judge. He has directed me to write to you in response.

The suspended attachment of earnings order is to remain in place and if payments are not commence firing 4pm 6th June 2016 then the order will be converted into a full order whereby direct deductions will be made by your employer.

The costs in relation to the attachment of earnings application are fixed costs and the claimant is entitled to recover those costs in addition to the judgement debt.

The deduction rate has been determined by the court upon the basis of the information available and any application to vary the deduction rate should be made by notice.

 

The judge agrees that interest does not continue to accrue upon the judgement debt as long as the payments under the attachment of earnings order are made but observes that the claimant can take any means of enforcement he choose as prescribed by the rules.

I've typed that very carefully including the typos.

 

What do you think of the last part, any means of enforcement? I'm going to ask them to send another suspended attachment of earnings order notice with the correct amount.

[mike1234567]

Any thoughts on this? Are they saying that the claimant can try to get bailiffs, or a third party debt order? Can they still do that if I make the payments on the suspended order?

[AndyOrch]

Any thoughts on this? Are they saying that the claimant can try to get bailiffs, or a third party debt order? Can they still do that if I make the payments on the suspended order?

 

No need to if you are complying with the suspended order......but those options are available if you default on the AoE.

 

But the line " The judge agrees that interest does not continue to accrue upon the judgement debt " seems more important in view of your initial thread problem.

[mike1234567]

Indeed it does. I've sent them a letter asking for a corrected order for the amount without the interest.

[Guest]

But the line " The judge agrees that interest does not continue to accrue upon the judgement debt " seems more important in view of your initial thread problem.

[Guest]

ps re your post #113 from the court.

pretty much what we've all been saying on thread;

they can add their app'n costs to the amount.

no post j interest, either statutory (as its below 5k), or contractual (which wld need to accrue in a separate pot, and then claimed for separately with its own judgment.)

the AofE is suspended, so is not actually in place atm. if the current june payment is missed, the AofE may be put in place. and then poss any other means of enforcement, if required, applied for as available per the rules.

you may need to do a formal notice (application), depending what the issue concerned is.

 

and as andy says there, no such further enforcement provided the payments are made.

[mike1234567]

Interesting. Got a letter from the court today regarding the complaint and redress I had claimed. They've made an offer...

 

£1 for the fee taken by my employer in February when the full order was incorrectly in place

£36 for time spent contacting the court with queries (2 * £18). I had claimed 10 hours

£50 for goodwill for distress caused due to maladministration by the court (I had claimed £500 for distress and reputational damage)

 

What do you think? Would you accept or try to take further?

 

Also, not heard anything from the court yet about getting the suspended order re-issed with the correct total amount.

[Old Cogger]

LLp rate is £19.00 p.h. for over a year now

[mike1234567]

Thanks Old Cogger I didn't realise that! I don't think I'm going to quibble over it - I asked for £18 ph though I did say it was the llp rate as well.

 

I received the amended order today for the correct total amount . Just got to wait a couple of weeks now I guess to see if the claimant objects to it.

[mike1234567]

Any thoughts on whether I should accept the offer or take it further? Also, it says I should reply in writing - I'm assuming email FAO the person who sent the letter is ok???

 

Thanks