No statements since CCJ in 2008, is this allowed?

[007coot]

Hi,

 

I'm trying to get really organised with my debts so have spent all day sorting through them all, making spreadsheets etc and I've just noticed that I have not received a statement for my other half's HSBC loan account for at least 4 years. Our last correspondence was in 2008 where a repayment amount was agreed for a CCJ.

 

I find this strange because on the CCJ the claimant is listed as CL Finance. We have two other debts with CL Finance and they send us statements every 6 months, all of which I have kept (although not very neatly until today but there is nothing for the loan at all. I have no idea how much he owes, I would have to obtain his credit file and try and work it out (providing the current balance on the credit report is up to date of course) and by trawling through bank statements.

 

Correct me if I'm wrong but shouldn't they send statements at least once a year? any suggestions what I should do would be gratefully received

 

Thanks in advance:-)

[citizenB]

I think you are correct, that you should be receiving an update at least once a year. Write and ask for one

[BRIGADIER2JCS]

The CCJ supercedes all other matters so it is'' static!"

so no statements.

[007coot]

The CCJ supercedes all other matters so it is'' static!"

so no statements.

 

Oh, Natwest send me one for a natwest CCJ every year, how do I know if they are still charging me interest on the balance? shall I SAR CL Finance or shall I wait as I have SAR'd HSBC recently for PPI? but then HSBC sold the debt didn't they? Oh I'm confused! I was doing so well today too lol

[citizenB]

If it was CL who were the claimant then it is to them you will need to make any request for information. I would think a simple letter asking for an updated statement should suffice at this stage. Did the Judgment allow for interest to be added? If it did not, then they cant simply add it.

[007coot]

Did the Judgment allow for interest to be added? If it did not, then they cant simply add it.

 

On the Judgement for Claimant form it says " It is therefore ordered that you must pay the claimant £7,9**.** for debt (and interest to date of judgement)" and £345 costs. You must pay the claimant a total of £83**.** by instalments of ......

[citizenB]

The way I read that is that interest will not continue after Judgment. However, I will ask andyorch for you.

[007coot]

Thank you CitizenB you are always so helpful

 

It will help loads and make it so much easier to work out if they don't charge anymore interest. Thank you

[dx100uk]

unless it is SPECIFICALLY mentioned in the judgement box.

 

they CANNOT charge int.

 

dx

[007coot]

Thanks DX, that's great I'll start trying to work out what I owe tomorrow then by going through statements, a lot of debts I pay 4 weekly instead of monthly as it's easier as it matches my pay so I just need to check i've done this 4 weekly since beginning and then it should be pretty straight forward seeing as it's a set amount.

 

Thanks to you all for your help

[Mike_hawk]

Hi coot

 

It may prove prudent to send CL [cattles] a rec/del letter outlining your concerns and asking why they have not provided any documentation/correspondence subsequent to judgment.

 

County courts are seemingly now allowing s130 merged interest claims without pressing the veracity of same.

 

Don't be specific in your letter, just ask the question why they have not provided any up to date statement of account or any correspondence. It should assist with protecting your position if required at a future date.

 

Phil

[rdm2006]

Oh, Natwest send me one for a natwest CCJ every year, how do I know if they are still charging me interest on the balance? shall I SAR CL Finance or shall I wait as I have SAR'd HSBC recently for PPI? but then HSBC sold the debt didn't they? Oh I'm confused! I was doing so well today too lol

 

ppi is a separate issue continue to chase HSBC for this - and now that they have sold the debt they can only refund to you if you win

[007coot]

 

Don't be specific in your letter, just ask the question why they have not provided any up to date statement of account or any correspondence. It should assist with protecting your position if required at a future date.

 

Phil

 

Thanks Phil, should I send it to CL Finance, their solicitor Howard Cohen (Who I pay) or both?

 

Thanks again

Lisa

[citizenB]

Send it to both.. just to make sure one of them sends a statement to you