Interest added to CCJ for rent arrears - help

[Guest]

generally. when looking at ex50, use the full one

https://www.moneyclaimsuk.co.uk/PDFForms/EX50A.pdf

[mike1234567]

Thanks Ford I didn't know about that version. Looking at that it would be 8A.1 Request for service by bailiff which is £100. That still doesn't add up as with the attachment of earnings fee it would be £200 not £155???

[Guest]

agree. exactly 155 seems obvious being a general application fee! maybe they billed 155 instead of 100. or the B fee was 55 and its 100 plus that, or just the B fee, or ...?

[mike1234567]

Thanks, if I call the court will they tell me what the £155 is for? Just hope it's not interest!!!

[Guest]

Thanks, if I call the court will they tell me what the £155 is for? Just hope it's not interest!!!

the court shld be able to advise on what court fees have been paid?

[mike1234567]

Phoned the court today and they said I had to email in to ask for a breakdown of the fees. So I've done that and asked if any interest was awarded - at least now will hopefully have something in writing. Should hear back in about 7 days...

[mike1234567]

So I didn't hear back from the court within 7 days. Chased by phone last Friday and was told somebody would call me back the same day. Great. But didn't happen. Chased again today by phone and told the response time is 14 days so should be another week (I didn't bother pointing out it's been 13 days already).

 

The first payment is due in a few days. I was hoping to write back to the solicitor with confirmation from the court of the situation which I now won't be able to do. I still want to write to the solicitor regarding this either before or at the same time as making the first payment. Any advice on what I should say?

 

Thanks again

[mike1234567]

Apologies for coming back but does anyone have any thoughts on this? I need to send the letter tomorrow. I was thinking of something like

 

--------------------------------

 

blah blah blah blah blah

 

The court order dated 13 May 2015 did not award any interest, and therefore no interest is owed and no interest is accruing. The amount due before the first payment is £5,064.32 as per the suspended attachment of earnings order dated 7 January 2016.

 

--------------------------------

 

Do I need anything else? I want to say that they are attempting to go against the orders of the court and take advantage of the fact that I am a litigant in person. Can I report them to the court for attempting this?

 

Thanks for any thoughts

[renegadeimp]

imo, if theyre trying to ignore the court order and get you to pay what they decide is right ( basically thinking they have power over the court), then tell the court.

[mike1234567]

That's what I'm thinking but not sure how to go about it - it's very difficult to get the court to even say what the charges are that have been added or confirm that no interest was awarded

[AndyOrch]

Mike...why are you sending a letter ?

[mike1234567]

Hi andy, because they sent me a letter setting out the interest due and the interest accruing - I want to make it clear this is wrong and make sure everything is understood. To me the alternative, assuming I can make and continue making these payments, is that in just over 4 years I think the balance is paid off and they think I still owe about a thousand because of the interest, which, as I didn't correct them, might turn into a bigger problem...

[AndyOrch]

Well that's up to you ..I personally would just follow the judgment amount and when the balance is clear the payments stop (4 years)...if they are unhappy let them re open the claim and take it back to court re the interest.

[mike1234567]

Yeah, I think I would feel better if it were sorted and agreed - I don't want to have anything to do with the claimant or their solicitor in 4 years time. I also don't want the claimant thinking they have 'won' interest all this time, if that makes sense.

[AndyOrch]

Well you are probably just going to create letter tennis ...but by all means do as you feel is right for you...but nothing will or can change....only if the court intervenes and clarifies...and the claimant wont do that...nor you I suppose.

[mike1234567]

I understand what you're saying. However I still feel it's for the best to try to deal with now (it's also better for the claimant as it's not their fault their solictior is incompetent / trying to pull a fast one).

 

If I write a letter...what do you think about mentioning that if they keep going I'll tell the court about their behaviour and/or complain to their employer (or some such regulatory body)? Or are they doing nothing wrong and this is how solicitors act? :-/

[AndyOrch]

The court is not concerned to be honest...they have given judgment/details of payment...it is what it is...how they interpret it is their prerogative...how you react to their letters only you can determine.

[mike1234567]

Hi, I'm hoping I can get some further advice on this, not sure if I should start a new thread or not. From my original post

 

1. I did not make the payments. The claimant made an application for an attachment of earnings order (using the incorrect address, I believe intentionally so I wouldn't get the information) and was awarded a suspended attachment of earnings order for £170 per month.
   
2. I disagreed with this amount, and received a further suspended attachment of earnings order for 100 per month. The amount is £5,064.32 - I think the extra £155 is the cost of the attachment of earnings order
   

 

I don't have the dates to hand but the original suspended attachment of earnings order was from November 2015 with the first payment due in December 2015. I disagreed with the amount before the first payment was due. I did not then make the payment, but received an updated suspended attachment of earnings order on 7 January 2016 with first payment on 4 February 2016, which I have made.

 

I've received a copy of an attachment of earnings order sent to my employer dated 21 January 2016. After the revised judgement and before the date I had to make the first payment.

 

Just phoned the court and been told to put in an objection to the full order. Unfortunately it's been more than 21 days since the order was sent due to issues with the post being redirected. What do I say in the objection? Obviously my employer knows already which is v bad. Can I do anything about this.

 

Can I do anything about court incompetence? When the original judgement was made it had to be sent out 3 times as they kept making mistakes.

[mike1234567]

Apologies for chasing but any thoughts on this? I've seen my payslip for Feb and a payment has been taken. I've been reading about complaints against the court - what's the best outcome I can hope for? I don't know yet but I might be in trouble at work.

[mike1234567]

Anyone? I was advised by the person on the phone to get email in this week and call it an 'Objection to full order'. I need to do it tonight as the person I spoke to isn't back in the office until next Wednesday and said they could pick it out from the email queue.

[Guest]

did you get confirmation re the 155£

 

re the interest, it seems as before. it needs to be claimed separately.

 

can put a complaint into the court?

[mike1234567]

Hi Ford, no I haven't had a response to the email yet - chased when I phoned yesterday.

 

I think before the complaint I just need to get this full order stopped first. I can ask them to cancel the order as it's a clear error. Can I ask for a letter to give to my employer to show this was an error? (the order also says I'm in arrears with the payments which I'm not). Can I ask for compensation for distress and reputational damage?

 

When it comes to the complaint, I've got a lot of administrative errors to complain about. I've found the form I need to fill in and I think I'm comfortable with that part.

[Guest]

it seems that aside from the 155, there will be an attachment. unless paid. the objection being the 155.

need then to get confirmation re that 155.

wld think put a complaint in to the court, and/or put a formal objection to the attach order. (they prob wont do anything otherwise)

but wldnt the attach still be there even if minus the 155?

 

ps, does the attach include the interest, or just the judgment amount?

[mike1234567]

Hi Ford,

 

I think maybe I'm not being clear.

 

The objection I need to do now if to object to the full order. It was a suspended order and the full order was raised before the first payment of the suspended order was due (which I made). I'm objecting to that as it's a clear error and now my employer has been informed, and also informed that I'm in arrears with the order which I am not.

 

The £155 is on the backburner for the moment. That will be part of a complaint that includes this order being raised in error, the original judgement being incorrect twice (including sending me an order to pay the full amount immediately) and the wrong address being used on the attachment of earnings application (I don't know if this is a court error, or the incompetent solicitor).

 

So any thoughts on what I can try to achieve with the objection?

 

Thanks so much for replying, good to be able to just type it out and bounce ideas off someone.

[mike1234567]

Sent in the objection - fingers crossed!