CCJ removal???

[wobbles]

This might seem a stupid question but im going to ask it anyway.

 

Can I make the courts remove 2 CCJs from my hubbys credit file?

 

long story but here goes, had 2 current accounts with yorkshire bank, one of which went overdrawn due to charges, think the other one did too but cant find any records of this account, CCJ issued for the overdrawn account, we never recied a default notice just the CCJ.

Also hubby had personal loan with yorkshire bank but due to there charges payments got behind, again no deault notice issued just CCJ.

 

I sent SAR to yorkshire bank for all details including loan & Mortgage (which also had repossesion order on it but doesnt show on credit file and is now paid off) they sent me statements for one current account the one with the CCJ (£1648 worth of charges) the CCJ dated 27th May 2004 was for £317-03 even though the oustanding balance on overdraft was only £220-36 The CCj was fully paid and marked satisfied in May 2005.

The CCJ for loan was dated 03 July 2002 and satisfied Oct 2003 Outstanding balance on loan was £3467-03 Amount of Judgement £3898-68.

 

Yorkshire bank say they can not find any details of the persoanl loan and mortgage account even though we have provided them with proof of exsistance (Copy of the CCJ they isssued and also copy of the Possesion order for mortgage)

 

Surely if they cant provide the credit aggrements of even statements the debt was unenforceable and therefore the CCJs should not be on file (could i be really cheeky and ask for refunds of the full amounts of the CCJs? lol)

[wobbles]

I wrote to Northampton County court stating the claim numbers for the CCJs and asking for all details.

 

All they sent me was some sort of computer print out, with the details of the amounts claimed and the dates of judgement, with the bottom left hand corner of the sheets cut out.

 

Is that all the courts need to send me, I already had that information.

[sequenci]

when were the judgments obtained?

[wobbles]

one may 2003 one july 2002

[sequenci]

if you apply to have them set aside on the grounds that you have a reasonable chance of defending *some* of the claim, they could always re-instigate court proceedings for the remainder of the money thus creating a judgment on your record for a further six years from the date of judgment.

[wobbles]

they were both paid off years ago. they are marked as satisfied, I would just like them removed. Can I do that?

[wobbles]

HI Caro

 

sorry to hijack your thread

 

I sent them a letter asking them to detail the overpayment, they sent a letter back on 18th dec I recieved it today, apparently the over payment was a Summons Interest charge of £145.14 and a Judgement Interest charge of £58.51.

 

These charges where applied the same day as a summons fee of £108.00 and solicitors costs of £80.00.

 

on the breakdown of the account they have sent us now there are letter fees of £15.00 and £20.00 more solicitors costs of £40.00 a few solicitors costs of £2.25 and then another solicitors cost of £40.00 also numerous warrent fees of £20.00, £25.00 and £45.00.

 

What the warrent fees are is anybodies guess:o

 

Should I write back asking for all the fees stated above?

 

Thanks

Mrs Wobs

[wobbles]

Hi all

 

Quick update on the fees from the personal loan, I wrote back to them telling them I wanted all charges refunding toatalling £715.

 

This morning I recieved a letter from Jeremy Sutcliffe and Co, Yorkshire Banks in house solicitor.

 

The letter was telling me all about a CCJ from the personal loan, that the CCJ had been repaid and our liability discahrged on 16/06/2005.

The letter then goes on tell us how to apply for a certificate of satisfaction.

The letter is dated 27th December 2007 the same day that our recorded delivery letter was signed for at Yorkshire Bank Group Collections.

The letter Jeremy Sutcliffe have sent us is an exact replica of the letter they sent us in 2005 when we applied for a certificate of satisfaction.

 

Should I just ignore the letter from Sutcliffes and proceed as I told them I would if Yorkshire Bank dont reply within the 14 days.

[caro]

What action did you say you'd take? If the charges are to do with a court judgment, my feeling is that you'll struggle to get them back. I don't think it unreasonable to ask for a better explanation though, maybe in the form of an LBA. Did you ever get everything from your SAR? I seem to remember you taking them to court for non-compliance.

[wobbles]

All i got from the SAR was a printout showing a list of fees totaling £725, I never pursued it until they sent me a letter recently telling me I had been overcharged by £214, and that they would refund it if i rang them. I wrote back asking for deatils and was told it was judgement interest and warrent interest or something like that.

 

I wrote back asking for all the fees as alot of them where letter fees and warrent fees. I told them I would issue court proccedings if they did not repsond or did not respond positivley within 14 days.

 

Thats when I got the letter from Sutcliffes,

 

Thanks Caro

[caro]

Would they be able to justify any of the fees do you think? You are really meant to allow 28 days before starting court action, so I think it would be prudent to thank them for their response, include copies of the earlier correspondence, especially that saying they'd pay some back, and make it an LBA with another 14 days to appear reasonable to the court - especially as the time includes Christmas.

 

Maybe you could do a SAR to Sutcliffes, although of course that would take longer, but then you'd have more info for a court case if you need to go down that route.

[wobbles]

Hi Caro

 

Quick update.

Recieved letter from Yorkshire Bank Collections department this morning.

 

Dear Mrs Wobbles

 

Thank you for your letter dated 22nd December 2007.

 

I can confirm that I am willing to offer a total refund amount of £293.65.

 

This figure includes the Summons and Judgement interest and Letter Fees applied to your account whilst at collections.

 

Our records indicate that the account was transferred to Collections on 30/07/2001.

 

I am unable to ascertain the origin of the charges you detail in your letter from 15/11/2000 to 18/07/2001 and therefore can not consider a refund.

 

I am unable to offer a refund of the summons fees, warrant fees and solicitors costs as these were expenses incurred by the bank as a result of the legal action that ultimately had to be taken in order to recover the outstanding debt.

 

Please contact our helpline on 0113 288 2840 between 9.00am and 5.00pm Monday to Friday to arrange for this amount to be refunded.

 

Yours sincerely

 

Karen Weaver

Manager, Collection & Recovery Services.

 

I Think this is the best we are going to get from them, Hubby has already rang them while i was out agreeing to the refund.

 

The CCJ should drop off soon anyway. I dont think I would have any joy trying to get it removed.

[caro]

Well of course if the debt was made up of charges it could be argued .... If you're happy with that result then I'm pleased for you. The chances are you wouldn't get to court to argue the CCJ before it dropped off anyway, so I agree it seems pointless now.