PPI and CCJ

[mimigb]

I would like some advice please. 

 

I did not know that I had PPI on my Capital One Credit Card and was made redundant back in 2007.  As a result of the redundancy I could not repay my loan and communicated this to the bank.  They in turn did not advice me that I had PPI that could cover the repayments until I was back in work. 

 

I left the country in 2013 as I had found a job in South Africa. Subsequently the debt was sold to Arrow Global Guernsey who wrote to me but I did not receive the correspondence. 

 

They then successfully applied for a CCJ and a Charging Order on my property. 

Upon my return to the UK I have been trying to resolve this and have requested another hearing to set aside the judgement as I was not in the country.

 

  In the interim Capital One have acknowledged they missold PPI and refunded me about £380.  With everything that I have found out upon my return, could I not argue that had Capital One informed me of the PPI I would never have been in the position I was and not had the CCJ, etc.  and shouldn't they reimburse me more than they have had?

 

Any advice gratefully received as my hearing is in mid-February and want to be well prepared even though I am being informed by Arrow's attorneys that I have no prospect of success and threatening me with applying to the court to have charges and interest attached to the existing CCJ debt.

 

Thanks!

[AndyOrch]

Hi and Welcome to CAG

 

How much is the judgment for ?

 

Andy

[mimigb]

I think with charges it comes to about £3800.00

[AndyOrch]

Then they cant add post judgment interest or charges...as the judgment is below 5K

[mimigb]

thanks for the information, would be helpful to know what piece of law this is from.

 

[AndyOrch]

County Courts Act 1984 and Senior Courts Act 1981

 

The County Courts Act and Senior Courts Act entitle all claimants to include a claim for interest at 8% per annum on any debt when issuing proceedings. There is no right to this type of interest unless, and until, a claim is issued.

 

The same legislation also allows you to recover interest at the rate of 8% per annum on any Judgement debt in excess of £5000. There is no statutory interest on Judgment debts of less than £5000.

[dx100uk]

what defence have you filed for the original debt - that you don't owe it?

dx

[AndyOrch]

Didn't file a defence was living out of the country South Africa....default judgment