Interest on CCJ/Charging Order

[maccag]

Morning everyone,

 

I got myself in a bit of a mess with a solicitor 3 years ago when I had a breakdown following separation. I saw a solicitor for an hour or so, he did nothing for me but I stopped answering all e-mails and calls and ended up with a CCJ for £1150. Quite ridiculous, but I only have myself to blame.

 

I didn't take my head out the sand there and ended up with a Charging Order made against my property for £1237.50 which is the CCJ amount plus statutory interest. The charging order was for "the payment of £1237.50 together with any further interest becoming due and the costs of the application."

 

I finally took my head out the sand in October, got in touch with the solicitor and agreed that I'd pay £150 immediately, followed by the same amount every month until the end of February when I would pay the balance from a small company bonus. I stuck to that but at the end of February I took a close look at what he was claiming as follows:

 

£1237.50, the amount of the charging order

£100.00 - charging order fee

£50.00 - property search fees

£110 - Fixed costs

 

All of the above, I completely understand I must pay and I have now fully paid. My issue is with the following claims from the solicitor.

 

He's actually claiming £179.50 in fixed costs, not £110. He is (incorrectly in my view), claiming an additional £69.50 which is allowed for in the PART 45 but only refers to claims made under 70.5(4) which is for non County Court/High Court enforceable actions.

 

He's also claiming £120 in bailiff fees (£60 for transferring up to HCEO and £60 Abortive Fees because apparently I "evaded" the bailiffs - they never visited my property when I was in and never left any letters). I suspect that I must pay both of these costs but have read some conflicting advice online.

 

Finally, he's claiming a shed load of interest. I believe it's quite clear from regulations that interest is not applicable to a debt under £5,000 regardless of whether it's a consumer credit agreement or not. However, interest was added to the charging order. Have I now blown it with regards to opportunity to prevent interest? Now that it's on the charging order, even if it's on there incorrectly, is it now payable?

 

Sorry to waffle on but any advice you can give me on these matters would be much appreciated. This is a mess entirely of my own making but the ruthlessness with which this solicitor has pursued me given how little he did for me is staggering. I want to get this guy off my back and am able to pay him what he's asked but I really don't want to give him a penny more than he is entitled to.

 

Many thanks in advance.

 

Ian.

[goodatresearch]

Under £5,000 so only statutory interest at 8% per annum can be charged from date of claim form to judgment, then only if its specifically been asked for in judgment. Did the claim form ask for 8% interest?

 

What type of claim was this as the answer is relevant to interest payable, as you know.

 

 

I would also have thought that the solicitor should have asked for the actual amount of their costs and other fees on the claim form. Have you a copy?

 

As for bailiffs fees, I think you need to ask which bailiff they used so that you can request proof.

[goodatresearch]

They are allowed to charge fixed solicitors costs which I think is £110 as you said, cost of application (court fee), cost of registering charge which with the land registry which used to be £40. Not sure why they're asking for £50 for a property search fee as they only need to check with the land registry that you own the property and this used to be £3, doubt if its gone up to £50.