after ccj - still getting statements

[Dollydoo]

I was taken to court back in 2003/2004, ccj registered and I agreed to pay monthly instalments to the banks solicitors which I have been doing ever since without fail.

I have started receiving monthly statements from the bank (whom the debt is with) showing charges/interest which have risen from the time of ccj (approx. £7000) to now about £12,000. I have been in touch with the court who dealt with the debt and they say the bank cannot charge any more as the ccj would have been the end of the matter. What can I do to stop them sending statements? I've written to them but they keep coming and Its begining to make me feel ill. Any advice please, thanks.

[sequenci]

who is the bank? what is the agreement for?

[groovychickmum]

it may be an 'oversight' on their part,.......NOT lol. as if..omg.

basically,take THEM to court, obviously, the court is right, and

let the bank 'try' to explain to a judge how they think they can 'override a courts decision . though, it wouldn't go that far, as the bank will see their 'error'(mmmm) and reduce the amount back down to what it should be after the payments you have made.

i am not sure, but with it already being to court and you resulting in a ccj, would it not be possible to write to that court,and ask the judge to look at it anyway? maybe its me just hoping its an easy way around the 'pricy' court costs.

maybe write to the courts and ask them to put it in writing, then copy the letter and send it with your stern and 'i'm disappointed' letter to the bank.

your letter (imo) would be something in the lines of what is wrote in the letter from court, plus the illegal way they have acted, say 14 days to comply with removing all the amounts 'added' since the ccj, or you will take them to court.

i guess a lot of people will come and tell you to claim overcharges etc, but i guess this is your inital worry at the minute, then after you have sorted this out, maybe then go for the charges 'before' the ccj.

i myself have a ccj, and only have two payments left to pay on the ccj, i have the letter ready to send ge money, for charges etc, so it is possible to claim them back after a ccj, though mine is near the end of payment,whilst yours' isnt.

i am not advising you to do anything, someone here with come and ask for more info, and maybe give you better options.

[tomterm8]

Be careful. Interest after judgement clauses are very dodgy ground; there are some justifications for it.

 

Sequenci's question is the important one...

[paulwlton]

I agree you need to CCA the creditor and find what clauses are contained in the agreement. I don't want to alarm you but interest after judgment clauses are legal and the creditor may operate the agreement seperate to the judgment, whilst you are making payments to reduce the judgment debt interest is still acruing on the agreement.

 

Iam surprised the creditor as made you aware that interest is being applied they are not obliged to do so.

 

Paul

[sequenci]

Although the House of Lords have stated that these clauses are legal there has NEVER been a case where a creditor has sued a 2nd time for the interest after judgment money.

[tomterm8]

Although the House of Lords have stated that these clauses are legal there has NEVER been a case where a creditor has sued a 2nd time for the interest after judgment money.

 

The house of lords ruled that they may be legal; part of the ratio of the decision was the fact that defendants had acted in bad faith leading up to the decision to lauch a county court claim.

 

Further, it seems to me that in approximatly one year time, the decision will be distinguishable for all outstanding credit agreements, (and, in effect, CCJ's) since the basis of the decision was made before the unfair relationship clauses of the consumer credit act 2006 come into force.

[sequenci]

The house of lords ruled that they may be legal; part of the ratio of the decision was the fact that defendants had acted in bad faith leading up to the decision to lauch a county court claim.

 

Further, it seems to me that in approximatly one year time, the decision will be distinguishable for all outstanding credit agreements, (and, in effect, CCJ's) since the basis of the decision was made before the unfair relationship clauses of the consumer credit act 2006 come into force.

 

in the back of my mind i'm sure there is a provision in the new act where a creditor HAS to state frequently to the debtor that there is an interest after judgment clause within their terms.

 

either that or i've been dreaming about legislation again. lol.

[sequenci]

aha.

 

17

Interest payable on judgment debts etc.

After section 130 of the 1974 Act insert—

"Interest

130A

Interest payable on judgment debts etc.

(1)

If the creditor or owner under a regulated agreement wants to be able to recover from the debtor or hirer post-judgment interest in connection with a sum that is required to be paid under a judgment given in relation to the agreement (the ‘judgment sum’), he— (a)

after the giving of that judgment, shall give the debtor or hirer a notice under this section (the ‘first required notice’); and

 

(b)

after the giving of the first required notice, shall give the debtor or hirer further notices under this section at intervals of not more than six months.

 

 

 

(2)

The debtor or hirer shall have no liability to pay post-judgment interest in connection with the judgment sum to the extent that the interest is calculated by reference to a period occurring before the day on which he is given the first required notice.

 

(3)

If the creditor or owner fails to give the debtor or hirer a notice under this section within the period of six months beginning with the day after the day on which such a notice was last given to the debtor or hirer, the debtor or hirer shall have no liability to pay post-judgment interest in connection with the judgment sum to the extent that the interest is calculated by reference to the whole or to a part of the period which— (a)

begins immediately after the end of that period of six months; and

 

(b)

ends at the end of the day on which the notice is given to the debtor or hirer.

 

 

 

(4)

The debtor or hirer shall have no liability to pay any sum in connection with the preparation or the giving to him of a notice under this section.

 

(5)

A notice under this section may be incorporated in a statement or other notice which the creditor or owner gives the debtor or hirer in relation to the agreement by virtue of another provision of this Act.

 

(6)

Regulations may make provision about the form and content of notices under this section.

 

(7)

This section does not apply in relation to post-judgment interest which is required to be paid by virtue of any of the following— (a)

section 4 of the Administration of Justice (Scotland) Act 1972;

 

(b)

Article 127 of the Judgments Enforcement (Northern Ireland) Order 1981;

 

©

section 74 of the County Courts Act 1984.

 

 

 

(8)

This section does not apply in relation to a non-commercial agreement or to a small agreement.

 

(9)

In this section ‘post-judgment interest’ means interest to the extent calculated by reference to a period occurring after the giving of the judgment under which the judgment sum is required to be paid."

[tomterm8]

in the back of my mind i'm sure there is a provision in the new act where a creditor HAS to state frequently to the debtor that there is an interest after judgment clause within their terms.

 

either that or i've been dreaming about legislation again. lol.

 

That's true; and in force, for all new CCJ's after the act came into force ( no transitional provision for that one:) )

 

it doesn't cover old CCJs, though.

[tomterm8]

the transitional arrangements provision (schedual 3) is:

 

13

Section 130A of the 1974 Act applies in relation to agreements whenever made but only as regards sums that are required to be paid under judgments given after the commencement of section 17 of this Act.

[sequenci]

nice one sir

[tomterm8]

In case the OP is wondering why he has started to get regular statements:

 

Consumer Credit Act 2006 (c. 14) - Statute Law Database

 

Consumer Credit Act 2006 (c. 14) - Statute Law Database

 

This, insidentally, is a major trap for interest adding DCA's. If they don't send the statements, they can't charged interest, even on old CCJs.

[paulwlton]

I am not hijacking i beleive this to be relevant.My creditor sought and obtained a CCJ in 1998 on a personal loan and overdraft in March this year i made a CCA request and found the loan and overdraft had neen set up for collection purposes with 2 capital and interest payment agreements s allowing interest after judgment, whilst i was reducing the judgment debt by £38.00 per month interest was accruing on the actual fictitious agreement, interest in June was £530.00.

 

Beware.

[tomterm8]

I am not hijacking i beleive this to be relevant.My creditor sought and obtained a CCJ in 1998 on a personal loan and overdraft in March this year i made a CCA request and found the loan and overdraft had neen set up for collection purposes with 2 capital and interest payment agreements s allowing interest after judgment, whilst i was reducing the judgment debt by £38.00 per month interest was accruing on the actual fictitious agreement, interest in June was £530.00.

 

Beware.

 

Any arrears of interest on a CCJ over 6 years are statute barred. Since this is founded on a simple contract, it may be more generally barred.

[Dollydoo]

the bank was Nationwide B/Society. It was for an overdrawn current account and credit card. I have contacted the court who dealt with it and I was told under no circumstances can the Nationwide ask for interest they could only do that up to the time of judgement. Once the judgement had been granted that was it, whatever the amount was in the judgement, thats what I have to pay. The accounts were lumped together as one amount and then sent to their solicitors/debt collectors who I now pay. As far as the court are concerned, the accounts should have been closed at time of judgement. I think I Should just return statements with a strong letter (again) and see what comes back. Thanks for all advice/info.

[tomterm8]

the bank was Nationwide B/Society. It was for an overdrawn current account and credit card. I have contacted the court who dealt with it and I was told under no circumstances can the Nationwide ask for interest they could only do that up to the time of judgement. Once the judgement had been granted that was it, whatever the amount was in the judgement, thats what I have to pay. The accounts were lumped together as one amount and then sent to their solicitors/debt collectors who I now pay. As far as the court are concerned, the accounts should have been closed at time of judgement. I think I Should just return statements with a strong letter (again) and see what comes back. Thanks for all advice/info.

 

Who exactly did you speak to in the court?

 

What they are saying is simply not accurate. Interest after judgment clauses can be valid. National Debtline England & Wales | Debt Advice | Factsheet 18 Interest Charges On A Consumer Credit Judgment

[paulwlton]

the bank was Nationwide B/Society. It was for an overdrawn current account and credit card. I have contacted the court who dealt with it and I was told under no circumstances can the Nationwide ask for interest they could only do that up to the time of judgement. Once the judgement had been granted that was it, whatever the amount was in the judgement, thats what I have to pay. The accounts were lumped together as one amount and then sent to their solicitors/debt collectors who I now pay. As far as the court are concerned, the accounts should have been closed at time of judgement. I think I Should just return statements with a strong letter (again) and see what comes back. Thanks for all advice/info.

 

My judgment was for anoverdrawn current account and a personal loan lumped together, 9 years later they are both capital and interest variable rate loans allowing interest after judgment.

 

Make a S.A.R - (Subject Access Request) and a CCA Request ASAP.

Paul

[Dollydoo]

I spoke to court admin manager (didn't get name) but after reading link i'll be phoning national debtline first thing!

 

sorry to appear thick, I know what i'm asking for in an SAR request, but what am I looking for in a CCA request and are there any template letters for CCA? Thanks again.