Closed account with CCJ due entirely to charges possible to claim?

[AngelaT]

Hi, you may not remember me, I joined a few months ago with the intent of chasing up all my different bank/CC charges but due the cold my M.E. worsened and the brain fog was too much to be able to concentrate on this

 

I have just sent off the date request letter to Halifax for my OH thanks to this site, but mine are a little more complicated lol.

 

I had a basic account with Abbey with just an electron card for my family allowance to be paid into. I had lots of small DDs being paid out of this account

 

Just over 2 years ago my account went overdrawn by a few pence due to my paying for shopping on my debit card. I'm a bit confused as to how it happened but I had a whole raft of charges, interest and unpaid direct debits totalling almost £300. I phoned Abbey and told them how upset I was about the charges and that there was no way that I could afford to pay the charges as I couldn't work and my OH was only on minimum wages. They basically just said tough luck, you have to pay them

 

I changed my family allowance to my OH's account, and like an idiot buried my head in the sand.

 

Last year they closed the account and I ended up with a ccj. I have just started making payments and they sent a bailiff round

 

I think by reading this forum that I can reclaim my charges? But what exactly do I do in this situation?

 

I also have a similar situation with Monument CC, I have an agreement to pay them monthly but on a £1000 balance that was over by about £50 it has built up to almost £1800 in charges and interest:shock:

[pmahonc]

AngelaT

I think the best thing to do would be to follow the step by step instructions and faqs first for the charges. I think you can get the CCJ removed but takes a lot of doing, it would take possibly getting the court to make a judgement that the charges were unlawful, after which you could possibly appeal against the CCJ, or you might be able to put it's removal into your claim as the only reason it was served on you was because of the unlawful charges, Probably someone else on this site might be able to help more with the CCJ.

Also with Monument do exactly the same claim back the charges, the oft statement mentioning the £12.00p is only the limit above which the oft would take action, Monument would still have to prove the charges like the banks have to.

 

regards pmahonc

[AngelaT]

Thank you for your help Pmahonc :0)

 

I have been looking in the library but can't see anything (probably just me being dense) appertaining to defaulted accounts? Do I just go ahead as a standard case and then look into having the ccj removed afterwards?

 

Sorry for seeming thick, I'm not well today and am a bit foggy.

 

Cheers, AngelaT

[pmahonc]

Yes i'd go standard case for the bank charges, and sort out about the ccj later. i'll have a look as well for defaulted accounts.

 

regards pmahonc

[pmahonc]

try this link for ccj's

 

http://www.consumeractiongroup.co.uk/forum/general/11411-trying-build-decent-credit.html post #20 onwards

 

And this one for defaults

http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html?highlight=defaults

 

regards pmahonc