Forcing a CCJ to conclusion - help sought

[arthur256]

Well over ten years ago I had a credit card with Littlewoods, it later became The Associates, and then Citi Financial. During this time I was seriously ill and my income ceased. It was then put on an instalment plan, and sold to Hillesden Securities Ltd (HSL). In 2008 they obtained a CCJ. Due to poor health I did not challenge this, but agreed to continue paying it off monthly, exactly as before.

 

HSL failed to supply, on written request, any statement or explanation of how the alleged balance was calculated. Even though interest and charges were supposedly "frozen", the balance had clearly increased by a substantial sum. That appeared to be (or include) undisclosed, unlawful charges, and/or interest. I worked out that the amount I had paid up to that point was roughly correct EXCLUDING any unlawful charges, and so I stopped paying any more. HSL also failed to comply with a CCA request, so it was and remains unenforceable. They have made no further contact, nor attempted to enforce.

 

The CRA record for HSL was deleted months ago under the 6-year rule, but the CCJ itself remains permanently on file, unsatisfied, which of course fails to reflect that I have paid what I calculated was the agreed remaining amount, many years ago.

 

Should I apply to the Court for the CCJ to be struck out due to something like maladministration (non-compliance with s78(6) statutory request)? I am concerned that if I just leave it, HSL might wait for me to be older, more feeble-minded and less capable, and then resurrect the CCJ and try to enforce it - even though the amount they claim is due appears to be solely residual unlawful charges or interest after the true debt had been cleared. The existence of this one unsatisfied CCJ is also a minor problem.

 

Thoughts will be appreciated. TIA

Edited March 8, 2013 by arthur256
typo

[Ganymede]

I think you would struggle to get the CCJ set aside as it has been 5 years and you have been paying it off.

[arthur256]

Thanks. What you say is correct, but I don't mind a potential struggle. (I took Vanquis to court recently, and got a settlement two weeks ago; I expected a struggle, but it turned out quite easy).

 

As I have paid HSL what I owe, and object to paying what I do not owe, I would just be asking for the unlawful part of the balance to be cancelled. I think a judge would consider that to be reasonable, but I will wait for more opinion before I go ahead.

Edited March 8, 2013 by arthur256
typo

[renegadeimp]

It would be more than a struggle. It would be pretty much impossible.

[ploddertom]

How much you had to pay will have been on the original CCJ.

[Ganymede]

It would be more than a struggle. It would be pretty much impossible.

 

 

 

That is what I meant, I just didn't want to crush him like you did!

[arthur256]

Slow progress as yet... Hillesden have again promised paperwork which they already defaulted on years ago. If they don't get it to me shortly then I am going back to Court seeking a striking out.

[havinastella]

Remember that the original agreement no longer 'exists' the CCJ has taken the place of that now.

 

Are you asking for the CCJ paperwork or the original paperwork?

[arthur256]

I am really only asking for a statement now, as the balance seems to have been inflated. They promised on before but never sent it.

[citizenB]

I think you are indeed entitled to see a schedule of hte payments you have made and if they have been adding anything to the original debt. Did the Judgment order allow for any interest to be added to it ?