Need to defend a CCJ application citroen finance

[dolly]

Sooooo angry!

 

Need to defend a CCJ notice we have had this morning from Citroen Finance. Basically we got behind a few years ago, and they added a LOT of interest charges on.

 

We are a month behind in payment at the moment but it seems a co-incidence that last week I asked for a statement of all charges on the account and then this morning this drops onto the mat.

 

Can anyone advise how to defend it? I am so annoyed - we have paid every month since the default notice 18mths ago and are just a month behind now, and they decide to do this. At a rough guess there must be £700+ in charges on the account.

 

Thanks all.

[lee6370]

I would use the defence you've just pointed out, the fact that they have added £700+ of unlawful charges should these be removed you would not be behind.

 

Basically you just need to ask them if you're correct in your assumption that they are taking you to court in order to recover money that they claim you owe them, money that they have in fact added to your account illegally.

 

At the end of the day they want to bully you, stand up to these people and let them know you won't take it and you may find they change their attitude.

 

and if you do have to go to court, you'll find that as long as you present your side, the courts will treat you fairly.

[Seminole]

As someone pointed out me the other day, we should use the word unlawful rather than illegal. This is a difference.

 

Please could you define what charges have been applied. If it is interest, then it may not fall foul of the rules. You may, however, be able to recover charges for bounced payments or late payments.

[Bookworm]

Can they apply for a CCJ while the amount is in dispute? (which it obviously is)

[Seminole]

I think they can as the county court process is a form of dispute resolution. Moreover, if these are unlawful charges then the obvious defence is going to give the finance company one hell of a headache.

[BankFodder]

Do I understand that you have received a notice that a country court judgment has been issued against you on the application of Citroen Finance?

 

What was the date of the hearing?

What was the value of the clim?

Did you defend?

How much of the claim do you say is made up of their penalty charges?

[dolly]

To answer very quickly (as I have to go and do the school run),

 

I haven't had the statements through from them yet with the charges on over the years but remember at the time we missed payments (which is going back about 2 years) that we got charged about £50 each time + £15 a letter + interest. Like I said, it is a rough guess.

 

We have got the CCJ Claim form through the post this morning, dated 9th March and giving us 14 days to respond / defend or to make full payment.

 

They are claiming the amount of £2815.07 Now I know that we have 13 payments to make (including the late one) at £164.22 a month which is a lot different to what they say. We have made 35 payments out of a 48 contract.

 

Thanks so much so far, will be back later

 

x

[BankFodder]

It doesn't make very much sense.

 

How much is penalty charges?

At one point you say that you have made 13 payments. Then you say that you have made 35 payments - and anyway you say that this is different to what they say.

 

Can you try and work out where you are on all this and post the story.

 

Anyway, if you have only received the N1 today, then you have some time.

[Seminole]

As I understand it you have made 35 out of 48 payments with 13 to go. Is this correct?

 

What happened after the default notice was issued? If this was for a car did you hand the car back and, if so, when? How much is the account in arrears at the moment?

[dolly]

As I understand it you have made 35 out of 48 payments with 13 to go. Is this correct?

 

What happened after the default notice was issued? If this was for a car did you hand the car back and, if so, when? How much is the account in arrears at the moment?

 

Yep, made 35 out of the 48 payments. We pay monthly by DD so have details of exactly when they came out .

 

Default notice on 23/04/04. We were 4mths behind. We rang them and made a lump sum payment of 2mths arrears and kept the car. We paid another extra month off a few months later. We were, and still are, 1mth behind, so £164.22 in arrears.

 

It will help obviously when I get the statements from Citroen Finance showing payments and charges so I know exactly how much and for what I have been charged, but it is how I should use the N1 form now that I am concerned about. If they use up their full 40 days to send me the info then obviously the date for the N1 has passed.

[Seminole]

What does their particulars of claim say? How much are they suing you for? Sorry for all the questions but I believe you have a couple of options on how to deal with this.

[dolly]

Will post all details prob after 6.30 - got 2 stroppy children here!!

 

Thanks

x

[dolly]

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