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    • Ok, I don't necessarily want to re-open my old thread but I've seen a number of such threads with regards to CCJ's and want to ask a fairly general consensus on the subject.   My original  CCJ is 7 years old now and has had 2/3 owners for the debt over the years since with varying level of contact.  Up to last summer they had attempted a charging order on a shared mortgage I'm named on which I defended that action and tried to negotiate with them to the point they withdrew the charging order application pending negotiations which we never came to an agreement over.  However, after a number of communication I heard nothing back since last Autumn barring an annual generic statement early this year despite multiple messages to them since at the time.  So at a loss as to why the sudden loss of response from them.   Then something came through from this site at random yesterday whilst out that I can't find now with regards to CCJ's to read over again.  Now here is the thing, I get how CCJ's don't expire as such, but I've been reading through threads and Google since this morning and a little confused.  CCJ's don't expire but can be effectively statute barred after 6 years (when in my case was just before I last heard of the creditor) if they are neither enforced in that time or they apply to the court within the 6 years of issue to extend the CCJ and that after 6 years they can't really without great difficulty or explanation apply for a CCJ extension after of the original CCJ?.  Is this actually correct as I've read various sources on Google and threads that suggest there is something to this?.  
    • whats the court claimform for? return of goods order? please complete this:  
    • std DWF letter. typically £157 something. lots of them here already doesn't say WILL anything. read it properly dx  
    • Have you read our upload guide [click on the word] for advice on how to post up documents? Pdf files are best, jpegs won't be accepted. HB
    • Sunak's already had enough of travelling like the little people. Rishi Sunak flies back from Devon by helicopter after gushing about 'great' train travel - Mirror Online WWW.MIRROR.CO.UK Rishi Sunak told broadcasters: 'The train was great, I've been taking lots of pictures and videos' - but he skipped the 3-hour, £55 train home in favour of...  
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help please - problem


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Hi, sorry to go on, but do I just carry on with my claim even with the test case going on? Should I just send the second letter now, having sent the first one a few months ago? Should I then start court proceedings, even with the test case happening? Could someone just clarify please? Thank you.

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Yes you can carry on with your claim.

 

And file when you are ready or can afford. As long as you are aware there is a chance of a stay, but have a read around the stay forum to see how things are progressing there.

The link is in my signature.

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Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 3 weeks later...

Hi everyone again. Sorry. Right I heard nothing from my lba, so I am now at the court stage. BUT my claim is for pre-six years as well as about £300 they have taken since I got my original payout. Should I drop the pre-six years money and just go for the rest? Or should I wait until after the test case - I'm on benefits and can't afford to lose the court fee. I don't know what to do.

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There is nothing to say you cant claim pre 6 years.

 

And if you lose (which is doubtful) you cant lose the court fee if you didnt actually pay them.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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I'm agoraphobic and I can't get to the court, so I will have to do it online and pay - that's what I did last time. But I am only on benefits so I would really need to get the fees back. Oh well - I will go for it and hope for the best. Thanks for your help.

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Thank you so much. I will do that.

 

I'm just filling in the thingy form - this one - http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf - is that the right one? I am really struggling with this though. Do I use this information - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html or the link that says new POC for Halifax?

 

I am really stuck. Please can someone help. I would like to get it sorted tonight and send it off tomorrow if possible.

 

I have done the spreadsheet with the 8% interest, but I don't know how to do the daily rate thing.

 

Please help. Sorry to be a pain.

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Yes that's the right form. You can either print it off and fill in by hand or fill it in on screen But you cannot save it so make sure you print several copies before closing.

 

Use the new POC's. On the form put' See attached sheet for Particulars of Claim' and print the POC's on a plain sheet

 

Daily rate is just your charges(without s69 8% interest) x 0.00022

 

eg £495 x 0.00022= 0.1089p rounded up = £0.11p

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Thank you very much. I am doing it all now.

 

My claim before interest is £799.50 so the daily rate is 18p I think?

 

Where can I find out the court fee please? I have looked on the online claim site but I can't find the list of fees - I had it the other day, but now I cant find it lol.

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im really sorry for all the questions but i dont want to get it wrong. I am just about done now. One more question - do I still add the £75 to my claim even though I am asking for exemption? Should I leave the court fee off of the N1 and the particulars?

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Do I include schedule 1 with the particulars? I dont understand the significance of it.

These are extracts from the T&C's, which in simple terms say you must not go overdrawn. The fact that you did means there was a breach of contract and therefore their charges are not for a service but a breach of contract
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thats great, thank you very much. i think ive done it all now. ive got the n1, the poc (3 times) and the spreadsheet, which is schedule 2 isn't it? Got that 3 times too. Also got the financial help form.

 

so do I send the n1, the financial help form, 3 poc's and 3 spreadsheets all to the court?

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