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    • Hi Andy Yes, its a question of what the court will enforce. the section 98 and 76 terminations are none default terminations. It is unlikely a court would give the creditor a judgement if they did not offer some kind of arrangement in the first instance. They did permit the overdraft.   You are right in saying it is not as cut and dried as in say a running account agreement where there was an agreed repayment schedule on the terminated agreement.    
    • One little thought that may help alleviate that pressure. Remember that, after you've filed your Tax Return, you have 12 months (to 31 Jan 2022) to re-open/amend it, claim any more expenses overlooked - or fix any other errors - and re-submit the corrected Return online. So long as your re-submission does NOT trigger additional tax/N.I. bills then the re-submission itself won't cause any fines or penalties. Get the Return filed as accurately as you can, and pay whatever tax/N.I. is due, by the end of this month THEN, if necessary, reopen the Return to amend/re-submit asap after that. Good luck with it all.
    • This could well be a Letter Before Action.  Please redact your personal details and then upload it.
    • Thank you for your very quick response.    I am asking for (almost) a full refund, in that I am asking for monies paid to him ( I paid over this due to directly paying for certain materials eg steel beams, planning applications, engineering calcs and drawings etc)  however, I anticipate that I won't get the full refund and am realistic about this.  I just did not want to ask for the amount to rectify and then him bring it down so that I am having to pay a lot of that too. Ideally he will cover the cost of rectification, plus consequential losses plus some to cover inconvenience.   I have had 3 independent quotes for the rectification of the works, coming in at £22-26, 000 including VAT.   The main issue is the roof in the loft, the windows and patio door replacement and the ensuite shower room needing taken out and replaced due to lack of water tight-ness and drainage issues.   I anticipate that the whole roof will need replacing and possibly some of the wooden structure of the dormer due to water ingress. all the decorating will need redoing which isn't included in the costs and I will also likely need temporary accommodation.      I have not got the kind of money to fix this, all the money I had was spent on this works. I am not covered by my insurance as they say this is a consumer issue, they also aren't permitting me to use my legal cover, which I am pursuing with the financial  Ombudsman service.     I don't believe a loan to be an option for me as I will be seeking one for IVF.   From speaking to him whilst he was doing the job, he does have money- kids in private school, nice house, flats they rent out, decent cars etc but whether the assets are in his name I do not know, how would I find this out?   Do you know what the type of inspection would be or who I would approach to do such an inspection?    
    • Hi DK, i put in my defence that I wish to show a video entering the car park and pictures to show the T & C.  They are there but it would be dangerous to stop the car and read these as they are at the entrance to the car park you cannot safely walk down to them to read    There are no signs where the driver parked. And no T & C at the pay stations.  I believe no contract can be enforced because you cant read the T & C .  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

interest after cc judgement


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had a ccj against me in 1999 for 12000 this includes 3000 interest it was a bank loan and i got into difficulty i;ve been paying 38 pound per month since judgement rang last week to increase my payments to my horror i now owe 16000 with interest being added at 400 pound per quarter any advice please

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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had a ccj against me in 1999 for 12000 this includes 3000 interest it was a bank loan and i got into difficulty i;ve been paying 38 pound per month since judgement rang last week to increase my payments to my horror i now owe 16000 with interest being added at 400 pound per quarter any advice please

 

 

Once a CCJ has been given no further monies (including interest) can be added.

 

For further costs to be added to the CCJ the Claimant would have to apply back to the court to have further costs added, which of course would need to be approved by the Judge.

 

In my opinon as long as you have kept up with the payments as ordered by the Court they dont stand a hope in hells chance.

 

If it were me I would get a statement of account from them, tell them to get stuffed for the 400 interest per quarter and tell them that I was only paying the amount of the original CCJ if they want any more they will have to take the matter back to Court.

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I would advise speaking directly to a trained debt counsellor. The CCCS come highly recommended, not least by me! and they are free to talk to, and impartial too.

 

0800 138 1111

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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cab have contacted the bank on my behalf and all the interest is being taken off they said someone had set the account up wrong the thing is if i had paid the settlement figure last week over the phone it would have cost me an extra 5 grand phew.

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Does this apply to the inland revenue as well? A friend of mine got a county court judgment for not paying his tax on time and is still accruing interest? on the amount. If the same still applies then I'll let him know but on the other hand is it worth making Mr Taxman your enemy?:|

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Interest on overdue tax derives from statute and not any sort of contract. It will continue to accrue until the tax is paid I'm afraid. The Revenue uses CCJs to punish people who owe it money. It is a deliberate and IMHO thoroughly malicious attempt to screw peoples lives.

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  • 2 years later...
Interest on overdue tax derives from statute and not any sort of contract. It will continue to accrue until the tax is paid I'm afraid. The Revenue uses CCJs to punish people who owe it money. It is a deliberate and IMHO thoroughly malicious attempt to screw peoples lives.

 

My understanding is that if HMRC wish to charge interest on the judgement amount then HMRC must apply to the court in a separate action.

When HMRC makes it's original claim, it RESERVES THE RIGHT to charge interest from the date of judgement, but is required to take further proceedings if it intends to actually recover such interest.

My understanding is that HMRC cannot just charge post judgement interest without making a specific claim for that interest.

 

Does anyone have any specific knowledge about this? - I am being charged post judgement interest. It's as if no court judgement was made!

 

Thanks for any advice.

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  • 9 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Please note that this topic has not had any new posts for the last 4313 days.

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If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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