Family debt...now court claim received.

[honeybee13]

So in an ideal world, what would you like to happen?

 

HB

[anney63]

 

I would like to be able to claim the money I have overpaid back but can see no way of doing it . Ok I have had to pay my deceased wife’s debt which may I add I knew nothing about until after her death but why did I have to pay £5000 plus costs when the claim was. For 3850 plus costs it just does not make any sense . I know I have to live with the decision now and move on. The judgement has been paid now and at least my credit file will be clear if and when I ever need to remortgage . Nothing can be done now onwards and upwards 

[AndyOrch]

Then issue your own claim against the claimant for the amount required...far cheaper than appealing....and puts them on the spot to explain why they accepted an over payment on court claim xxxxxxxx for the  £1250.00.

 

The addition £1250 wasn't for section 69 interest at 8% was it ?

 

Andy

[anney63]

Hi Andy 

nope the original amount of the loan was £5000 which my deceased wife had no idea where money went or where it was paid into . But the claim was fir 3850 plus interest and cost which at the end with the final court cost would have been £4559 I paid 5520 which was £5000 plus costs no interest was added . So an absolute mess all round judge just not prepared to listen asked me where my proof of payments were even when the claimant said he agreed I had paid just said his spreadsheets were a mess and said he was going back to the original amount I believe he didn’t add interest but the court fee was 335 and issue fee 185 which made £520 costs . All done now but can we claim the overpayment if it has been ordered in a judgement ?

[anney63]

We can complain  about the court process which we have done In a form 343 but not about the way the judge handled the case which I think is appalling to appeal they advise legal advice which with all the other costs I’m not prepared to do as no faith in the system and quite honestly I can’t pay anymore