Added solicitors costs on ccj

[Good Shepherd]

I have recently had a judgement against me, which was rushed through without giving me a proper opportunity to defend the matter [another story], but i managed to source funds to repay the debt in full.

 

Whilst the funds were being sourced, i continued contact with the solicitors updating them as to what i was doing. This was done over a 2 week period since the judgement was issued. The final judgement included costs and interest. The solicitors have now written to me and added another few hundred pounds in costs!

 

Can they do this? If so, can they enforce it? If not, have I any recourse of action?

 

Any assistance would be gratefully appreciated.

 

Thank you.

[gezwee]

Costs form part of the judgment [indemnity/standard], they can apply interest to settlement date 'if' it's ordered within the judgment. Post judgment costs....... think they may be trying it on

 

Was this a default judgment or did you settle by consent?

 

What was the value of the claim?

 

Oh and welcome to cag

 

Gez

[Ford]

what, verbatim, did the judgment say?

[Good Shepherd]

Hi,

 

Thanks for the welcome message

 

The judgement followed the claimant not accepting my offer of repayment and reads as follows:-

 

"The claimant has objected to the rate of payment you offered.

The court has therefore decided the rate at which you should pay. You must pay the claimant £2,553.02 for debt (and interest to date of judgement) and £120.00 for costs

You must pay the claimant a total of £2,673.02 forthwith"

 

The original debt was actually approx £300 less than the figure stated above. That £300 was added in costs! Now they are asking for another £300. They have asked for teh original amount to be payable to the claimant and the additional £300 to be paid to themselves!

 

Does this answer all the questions you asked?

 

Thanks.

[Ganymede]

If its not in the judgment they can go whistle...

[gezwee]

If you've settled the judgment then that's the end of it.

 

Write to the court with evidence of payment and request certificate of satisfaction [form N443 I think], not sure if there's a fee but the court will be able to advise.

 

Dunno what they're playing at by requesting costs post judgment.

 

Gez

[gezwee]

If its not in the judgment they can go whistle...

 

What Gany said too

[Good Shepherd]

Thank you everyone

[debbbbsy]

You must pay the claimant a total of £2,673.02 forthwith"

 

If this is the sum you have paid, the judgment is settled.

 

Send proof to the courts that you have complied in full with the judgment order within the time specified and this should prevent the ccj being registered against you.

 

Return the letter to the Solicitor instructing them to inform the courts that you have paid, And to bill their client for their extra costs and not you. If they refuse threaten to report them.

[Good Shepherd]

Oh, sorry meant to ask this too....... To have the judgement cleared, I take it i can just apply to the court direct as mentioned by 'gezwee'? Or... will I have to get the claimant to acknowledge receipt/conclusion of the matter?

[gezwee]

You apply direct to the court, if you've paid the claimant [or their sols] directly rather than in to court they will require evidence of this. If you don't have evidence the claimant will be served with 28 days notice to raise any objections, after which time and assuming no objection, the certs issued by default.

 

If you settled within 28 days of judgment the ccj shouldn't be registered

 

Gez