Alliance and Leicester and Santander

[Red1983]

Good Morning

 

I wondered if some could help me please.

 

Firstly, we are looking to move house and therefore need to sell and apply for another mortgage, this is why I am forced to sort the problem I have with A&L and Santander.

 

Originally we had a CCJ with A&L in 2007 and agreed payment of £small amount a month, at the time we had both lost our jobs and that was all we could realistically afford.

 

The solicitor ask for costs and interest to be added and I specifically remember the judge saying no.

 

When we got the court payment work through, the paperwork did not reflect this… we were quite ignorant at the time so thought that A&L knew what they had said and so would not add the interest and charges.

 

HOWEVER, they did add the charges! I was advised this is contempt of the court.

 

Didn't really know what to do about it so just kinda remembered it incase I ever had to face the court again.

 

Well A&L tried a year later to put a charging order on the house accusing us of missing a payment. So there we were before the judge again, once again, NO costs were awarded and the judge was not impressed that they had tried it on with us. I was so petrified they would take our house I forgot to ask the judge about the previous misdemeanour.

 

I believe that costs were still added by A&L! and this time I believe it was on the court paperwork that NO costs were awarded.

 

I was on the understanding wrongly or rightly that if you are in a payment arrangement, either, PRO ROTA or CCJ, no interest could be added.

 

Well a few years ago, the debt was sold to Santander, and every time we get a statement they have added interest. Even though we paying £small amount a month, obviously the debt just increases every year!!!

 

Not too sure what to do with this one, I feel afraid to fight anyone and don't know why I feel like that either..

 

I've fought all our other creditors in the past and won all of them re the CCA, with help from the people here on CAG, and i'm so grateful. CAG truly was a miracle to me.

 

If anyone could offer any advise I would be so grateful.

 

In my mind, Im thinking of writing to Santander to explain that the debt sold was a CCJ so no interest should have been added… don't know if thats right or wrong.

 

But then I'm also thinking that A&L and Sandtander are in contempt of the court so do I have any legal grounds to fight the debt completely?.. I appreciate its a long shot.

 

I just don't know what the correct thing to do is.

 

Many thanks for anyones time.

 

Kindest regards

 

Red

Edited January 20, 2015 by Red1983
Took personal info out

[fkofilee]

Check Noddle... See if the CCJ is still on your CRF... If it was 2007, I wonder if it would still appear...

[Red1983]

I certainly will check this evening.

 

If anyone else also has any further advise, it would be very much appreciated.

 

Thanks so much

 

Red

[fkofilee]

Someone will be along shortly... Im sure...

[citizenB]

Sadly as the original court paperwork didn't reflect the non addition of the interest, I am not sure there is much else can be done. Although I would think that they would not be able to add any charges, because you have entered into a payment arrangement !

 

I am a little concerned for you that you are looking to enter into another mortgage, if this CCJ is being recorded on your credit records, you may well find this quite difficult.

[fkofilee]

Sadly as the original court paperwork didn't reflect the non addition of the interest, I am not sure there is much else can be done. Although I would think that they would not be able to add any charges, because you have entered into a payment arrangement !

 

I am a little concerned for you that you are looking to enter into another mortgage, if this CCJ is being recorded on your credit records, you may well find this quite difficult.

 

Bingo which is why you should check if the CCJ is currently listed on Noddle

[Windywoo]

A&L merged with Santander in 2010 - looks like its the same company!

[citizenB]

A&L merged with Santander in 2010 - looks like its the same company!

 

This is correct.