Too Strong v Blackhorse

[too strong]

Hi,

 

currently I am up against Blackhorse who have entered a CCJ against my name. When they received judgement I did not know that they had added £175 in late fees even though my statements have never shown any late fees. They have offered part payment with enclosed cheque but when I looked in the letter there is no cheque. This seems to be one of their games.

 

My question is :-

 

should I go to court for the fees then attempt to have the CCJ overturned or should I just go straight for the CCJ overturning stating incorrect figure due to unlawful / added fees before judgement?

 

Thanks

[too strong]

Hi,

 

currently I am up against Blackhorse who have entered a CCJ against my name. When they received judgement I did not know that they had added £175 in late fees even though my statements have never shown any late fees. They have offered part payment with enclosed cheque but when I looked in the letter there is no cheque. This seems to be one of their games.

 

My question is :-

 

should I go to court for the fees then attempt to have the CCJ overturned or should I just go straight for the CCJ overturning stating incorrect figure due to unlawful / added fees before judgement?

 

Thanks

 

Can anyone advise me on this?

[pt2537]

how long ago was the CCJ awarded?

 

did you defend the action or was it awarded as judgment by default?

[too strong]

how long ago was the CCJ awarded?

 

did you defend the action or was it awarded as judgment by default?

 

The CCJ was awarded in 2004 by default.

 

Their solicitors have come up with the dates that the charges were supposedly added to the account, but they had never appeared on my statements and if they were added on now the statements would not add up as no interest would have been added to charges.

 

Thanks

[pt2537]

Well, im sorry to say, but you really face an uphill struggle IMHO, there has been a lot of time passed since the CCJ was granted

 

i will pull some information up in the morning and see what i can find on this subject

[too strong]

Well, im sorry to say, but you really face an uphill struggle IMHO, there has been a lot of time passed since the CCJ was granted

 

i will pull some information up in the morning and see what i can find on this subject

 

Thanks, I was thinking of going down the route of a set aside as the judgement amount being incorrect.

[too strong]

Well, im sorry to say, but you really face an uphill struggle IMHO, there has been a lot of time passed since the CCJ was granted

 

i will pull some information up in the morning and see what i can find on this subject

 

pt2537,

 

did you manage to find any info?

[pt2537]

Hi, havent had much chance to dig but from what i have seen, it is unlikely that you will get this set aside.quite frankly due to the length of time that has passed since judgment was awarded without challenge and the grounds that you are bringing the challenge under are unlikely to succeed

 

this is of course my opinion. i will ask someone to take a look to see if there is any more that can be offered

 

regards

paul

[tomterm8]

Well, I've had a look, but there's not much more you can say. At best you would get a variation, reducing the CCJ by the charges, BUT this would not remove the CCJ unless the charges exceeded the CCJ.

 

I would not do anything about it untill the OFT test case judgement comes in, and goes through the appeals process.

[too strong]

Hi, havent had much chance to dig but from what i have seen, it is unlikely that you will get this set aside.quite frankly due to the length of time that has passed since judgment was awarded without challenge and the grounds that you are bringing the challenge under are unlikely to succeed

 

this is of course my opinion. i will ask someone to take a look to see if there is any more that can be offered

 

regards

paul

 

Hi, I always thought that time was not an issue as with the bank charges just because you were ignorant of a process then doesn't mean you can't challenge it at a later date when you now understand what is going on.

 

Maybe I am wrong.

 

There is also the issue of the charges which have appeared out of nowhere and were never seen until the judgement.

 

I was hoping to get them to get the CCJ set aside or go in front of the judge and explain where these charges came from, I just think that they have no real explanantion and add the extraa money at judgement which is free money.

[too strong]

Hi, havent had much chance to dig but from what i have seen, it is unlikely that you will get this set aside.quite frankly due to the length of time that has passed since judgment was awarded without challenge and the grounds that you are bringing the challenge under are unlikely to succeed

 

this is of course my opinion. i will ask someone to take a look to see if there is any more that can be offered

 

regards

paul

 

Hi, I always thought that time was not an issue as with the bank charges just because you were ignorant of a process then doesn't mean you can't challenge it at a later date when you now understand what is going on.

 

Maybe I am wrong.

 

There is also the issue of the charges which have appeared out of nowhere and were never seen until the judgement.

 

I was hoping to get them to get the CCJ set aside or go in front of the judge and explain where these charges came from, I just think that they have no real explanantion and add the extra money at judgement which is free money.

[too strong]

Well, I've had a look, but there's not much more you can say. At best you would get a variation, reducing the CCJ by the charges, BUT this would not remove the CCJ unless the charges exceeded the CCJ.

 

I would not do anything about it untill the OFT test case judgement comes in, and goes through the appeals process.

 

OK, my thoughts on that were that because it was a change in value the CCJ would be be set aside. My reasoning was that the website which tells you how to get rid of CCJ's states as one of it's reasons - "Did you agree with the full amount of the judgement at the time, but now only agree with part of the amount?

 

After some more searching I found this website PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT SETTING ASIDE OR VARYING DEFAULT JUDGMENT

 

So it looks like there is no guarantee of getting the CCJ removed.

[too strong]

I am going to take this from a different angle.

 

On the account there is also a default which I plan to get rid of. They stated on the CCJ request that they had served a default notice on me (which I can't remember).

 

Their solicitors have come back with a list of dates of all the charges on the account.

 

1 I have sent a request for the copy of the original default and termination notices. (if they do not have one all the better)

 

2 I will then add their charges onto the account on the dates they have specified. (the value of the default notice will change making the default unenforceable as the "default value" would be incorrect).

 

3 Go at the CCJ. (they stated they had served a default notice if they have not I can push for a set aside).

 

Any thoughts