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Recoverable Fixed Costs


inabind
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Hello all,

 

In 2010 we had a CCJ granted against us for an unpaid invoice. It was for £5200 and we accepted the amount. The creditor secured a charging order for the amount.

 

We wrote to the creditor in 2014 and were advised the outstanding amount was £4300. The creditor sent us a statement at that point which showed that prior to lodging the claim with the courts they had added £600 to the account for recoverable fixed costs.

 

We did not know about this £600 figure until 4 years after the CCJ and charging order.

 

We are now in a position to clear the debt of £4300. We wrote to the creditor again and they sent us a figure of £8000. We are going to write to them asking for a breakdown.

 

Is it possible to have the CCJ figure looked at again by the courts? It seems as though this figure of £600 was added to the amount to allow them to receive interest on the debt. When the court cases (CCJ and CO) were heard they only managed to recover court fees.

 

Any help will be appreciated.

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Sure the CCJ amount is all they can get unless ordered interest within, which is a dirty filthy trick by judge/claimant if applied. and shows how bad the Non Justice system is in this country!

 

others will assist you on this

:mad2::-x:jaw::sad:
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What type of debt was the CCJ for inabind ?

 

Andy

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It is for unpaid school fees.

 

The county court that issued the CCJ says there is no interest added on after the judgment date.

 

National Debt Helpline are saying interest is charged for any debts over £5000.

 

The order itself does not mention interest at all.

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So how much was the claim for ...? Notice of Judgment same figure as the N1?

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Debt £4600 - Judgment amount £5218,93 (They were also claiming for solicitors fees which were over £3000. They were not awarded these.)

 

The additional figure which I have checked with the courts was for the court and hearing fees. :oops:

 

My question now is, are they entitled to interest on the debt.

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Okay so as the judgment is over 5K it can incur post judgement interest but only if....

 

a) its in the terms and conditions of the agreement

b) Its stated within their particulars of claim.

 

As for now you should work to the figure of £5218,93 that's the judgment amount..whatever they add to the judgment figure is irrelevant until they litigate further on it....assuming it a no to both points above.

 

Andy

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  • 4 weeks later...

Your choice...or Debit Card

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  • 3 weeks later...

The creditor has contacted us via their solicitors to say that the figure outstanding is £8000.

 

We have just over half of that.

 

We are thinking of writing to them with a full and final settlement offer of £4600.

 

If they refuse we will still pay what we have. What is the process of recovering the interest through the courts? Will we have another hearing?

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The creditor has contacted us via their solicitors to say that the figure outstanding is £8000.

 

We have just over half of that.

 

We are thinking of writing to them with a full and final settlement offer of £4600.

 

If they refuse we will still pay what we have. What is the process of recovering the interest through the courts? Will we have another hearing?

 

I would say re read post #7 above...the Judgment is for £5218,93

 

" (They were also claiming for solicitors fees which were over £3000. They were not awarded these.) "

 

£5218,93 + £3000.00 that was not awarded =£8K so they are ignoring the District Judge and the Courts Judgment ?

We could do with some help from you.

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They want the extra £3000 which they are saying is interest (not solicitors fees).

 

My question was if we pay the £4600 and they decide to pursue us for the remainder i.e. the interest due what is the process?

 

You said they can litigate further in '#7 - what is that process?

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Have to issue a further claim for the difference...you defend it...unless the agreement/contract allows for post judgment interest.

 

If it is interest and not costs then why didn't they state it/claim it in their particulars within the initial claim under sec69 Interest?

We could do with some help from you.

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