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    • Hi all,   Could any of the site team (or experienced site membes) give me any guidance on the above defence .   I need to have it in by Friday at latest, and was hoping to submit tomorrow to make sure that its lodged in good time   Many thanks in advance x 
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Michelle1973

Finance U CCJ/CO - now paid by they want more interest?*** Resolved/ Refunded ***

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Good Afternoon

Hoping someone can help me please.

 

Myself and my hubby had a car on finance with Finance U a good few years ago,

 

long story short,

run into financial difficulty,

car was taken back,

ccj put against us and a charging order.

This year in February we finally finished paying them.

 

May of this year we received a letter saying we still owed about £900 which was interest.

Each month I sent a cheque along with a complete monthly letter with date, amount paid, cheque number and balance.

 

They cashed each cheque but not once did they mention that OUR balance was incorrect by them.

No mention off them either whilst we were paying every month that interest was going to be added.

..Any help would be very much appreciate please

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nope they cant do that.

I would assume they wrongly spoofed you into a VS

whereby you should have done a VT

that way you only had to pay upto the 50% mark.

 

i'd be sending them an sar.

 

the CO [or what is secures - the CCJ]

 

should have a judgement box

check that

and insure it does not say

'including post judgemental interest'

I bet it doesn't

and neither do their agreement T&C's.

 

if it doesn't

then all you have to pay is the figure on the CCJ.

 

dx


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Thank you for the response,

I honestly couldnt tell you as it was years ago.

 

I do have thou a 'Final Charging Order' letter and

 

 

its says on there

2. The interest of the defendant in the asset described in the schedule below stand charged with payment of the sum of £3,270.00 the amount now owing under a judgment or order given on 07 October 2004 together with any further interest becoming due and £94.00 the costs of the application.

 

3. The costs are to be added to the judgements debt..

 

Does any of that help?

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well it 'speculates' that there might be

but that's just a std text they enter for all CO's I think.

 

if you've the CCJ number there

theres no harm in ringing Northants bulk

and asking for a copy of the judgement.


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Good Morning,

I have downloaded a copy of our Title Deeds today as I cant remember getting anything from the courts, we may have but I cant remember.

 

Im sorry if this sounds thick but im not sure what im looking for.

 

 

I have found an old 'Final charging order' supposedly from a county court and on it it says-

1. The charge created by the order made on the 14 October 2004 shall continue.

 

 

 

So I take it i look for this date on 'Charges Registry?

I cant find anything at all for even that year and no mention at all for Finance U Ltd.

 

Does this mean this 'Final charging order' is fake?

Many thanks in advance x

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did you ring the court?


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shouldn't matter give it a go.

 

that charging order is the right time so its real then


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just phoned them, so ive popped a letter in the post along with a cheque for £10 fee

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the sar - yep to finance U?

what about the court?


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Finance U as i remember were the directors of Yes car credit when they went bust. It is a shame you already have a CCJ as just like yes car and welcome car agreements, they were pants and easy to pick holes in.

 

I have a feeling on what you have stated it will be an almost impossibility to get this judgement set aside.

 

Did the final judgement on the CCJ allow for statutory interest to be applied post judgement?? Me thinks you have been spoofed as interest is normally up to day of judgement, not post judgement

Edited by obiter dictum

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Thanks Obiter, but I dont have a copy of the original CCJ,

I have sent off to the courts for a copy.

Do creditors usually ask for interest to be applied post judgement then?

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Statutory interest of 8 % is normally applied up to date of judgement, not post judgment.

 

 

It is quite rare that is why i think they might be spoofing you.

 

 

Do you still have a copy of the original claim form and their particulars of claim??

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On one of the old letters from Finance U Ltd it says.

.... Balance outstanding. £(The amount) + Statutory Interest Accuring at 8% p.a (if applicable)

But then i have seen this elsewhere-

Can statutory interest be added to a CCJ?

 

Statutory interest is the interest which the court assumes can be added to an unpaid debt

where there is not a formal agreement which defines what interest will be charged.

If statutory interest applies it is charged at 8% per year.

 

There are many debts where statutory interest cannot be added once a CCJ is in place.

 

 

These include the following:

 

– If a CCJ is issued for a debt regulated by the Consumer Credit Act.

This includes most high street lending credit agreements, including bank overdrafts

 

– If a CCJ is issued for a debt worth less than £5,000 in total

even if it is not covered by the Consumer Credit Act. OURS IS UNDER £5000

 

For this reason if you have received a CCJ for a debt which is covered by the consumer credit act such as a personal loan , credit or store card

the creditor will not then be allowed to add additional interest after the Judgement is made.

 

However statutory interest could still be added on a debt after a CCJ has been issued

if it is not regulated by the consumer credit act such as a mortgage shortfall debt

or a debt which is unpaid after the supply of goods or services as long as the debt is greater than £5000.

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No i dont really have much of the old paperwork to be honest (young a stupid at that time) lol

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I believe statutory interest post judgement cannot be added for a debt covered under the Consumer Credit Act 1974

or the Debt is less than £5000.

 

 

For contractual interest post judgement there must be an express term written into the actual credit agreement,

again very rare that happens

 

That needs to be confirmed though

Edited by obiter dictum

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Then that answers your question, you need to get a copy of the original claim form and a copy of the judgement

 

I believe you are being spoofed

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Just make sure you have the documentation to hand first to confirm.

When you have that update your thread.

Then you go for the throat, twist their Gonads, slowly

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Fab thanks... will update when i receive everything.. Many Thanks again to you both

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its all explained in post 2

did you sent the sar to FU?


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Evening all

 

Yes sorry dx sent to FU the SAR.

 

Received back today from the courts a copy of the judgement and its says the following:

 

'It is therefore ordered that you must pay the claimant £3225.00 for debt (and interest to date of judgment) and £120.00 for costs.

You must pay the claimant the total of £3345.00 forthwith

 

Thanks in advance

x

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