Optima Legal Harassment

[vint1954]

Re: Optima Legal Harassment

The sum you are paying under the CCJ is the relevant sum. The charging order is just security that you pay.

The OC is entitled to sell on the debt, even though there is a CCJ in place. If they want to change the monthly amount, they would need a redetermination order.

Strange they have not changed the name on the charging order as it would go to the OC.

If jointly owned it is only a restriction, not a full CO

[ken100464]

Re: Optima Legal Harassment

Cheers.

How I understand it.

And as you both say it would be interesting if we sold up right now. Who gets what.

And shows the unhealthy incestious relationships ongoing even once they have sold on.

But a lesson for sure. Once you got done over there isnt much you can do so paying them the little amount until doomsday seems the only way the little guy can stick two fingers up at em.

Can someone also put my mind at rest with the interest part. Under a consumer credit agreement and below £5,000 this is not an option for them?

[vint1954]

Re: Optima Legal Harassment

Below is the basic situation on CCJ interest. They cannot add Statutory interest to a CCA regulated agreement, unless the terms of your agreement allowed for it.

What did the CCJ say about interest:

On receipt of a County Court Judgement, interest on the debt will have been calculated in one of two different ways depending on the terms of the judgement:
1. Amount owed is the full balance owed under the agreement
The CCJ may require you to pay the full balance you owe under the original credit agreement. This would include court fees, the balance owed and the total interest which would have been payable under the agreement. Once you have paid the full amount owing on the county court judgment, that is normally the end of the matter and you do not have to pay any more interest.
2. Amount owed includes only interest added up to the date of the judgment
Alternatively, the county court judgment my include court fees and interest just up to the date of the judgment. Once you have paid the full amount owing on the actual judgment, as long as there is no clause in the original agreement that allows the creditor to claim interest after the county court judgment (contractual interest), that is the end of the matter and you do not have to pay any more interest.
Adding additional interest after the CCJ has been issued

There are two types of interest: Statutory and Contractual interest.
Statutory Interest
Statutory interest is the interest which the court assumes can be added to an unpaid debt where there has not previously been a provision in the agreement to charge interest. For example statutory interest could be charged on a debt which is unpaid after the supply of goods or services.
Statutory interest is currently 8%.
Note: As per the County Courts (Interest on Judgment Debts) Order 1991, statutory interest does not accrue on a debt that has been the subject of a CCJ if:

• the debt is for an agreement regulated by the Consumer Credit Act. This includes most ordinary credit agreements, including bank overdrafts; or
• the debt is less than £5,000 in total, even if it is not covered by the Consumer Credit Act.

As such generally speaking if you have received a CCJ for a debt which is covered by the consumer credit act such as a personal loan , credit or store card, a creditor can not add statutory interest after a CCJ has been issued.
Contractual Interest
Contractual interest is the interest charged on a debt as per the terms of the credit agreement. Once a CCJ is in place, the creditor may still be able to claim for and be awarded additional contractual interest :

[ken100464]

Re: Optima Legal Harassment

and from the CCJ
"it is ordered that Judgment sum payable at £xxxxx per calender month leave to the claimants to seek a charging order"

Thats the CCJ in full.

No interest mentioned. But it is on the CO. But the CO refers back to the CCJ.

Am happy in my mind now that they speak with forked tongue.

Not even worth a reply. Suspected it was DCA bullying anyhow. They will no doubt go quiet for a few months then start up the begging again.

But thanks very much for confirming what I believed to be the case.

[vint1954]

Re: Optima Legal Harassment

Then there is nothing that they can do without a redetermination hearing.

Ignore them for now

[ken100464]

Re: Optima Legal Harassment

Cheers Vint.

After this letter I now defo vote Optima next in the consumer revenge seat.

[pompeyfaith]

Re: Optima Legal Harassment

Ken you up for a joint complaint to the SRA? the best attack as it will not look good on them as they are already in their naughty book.

[ken100464]

Re: Optima Legal Harassment

Have to consult the other half first.

I would be up for it but the whole experience has left her a bit shell shocked and the need to reassure her that what they have just written is a load of misleading bollox.

If they so sure of themselves then take us to a redetermination and let the court decide. But they aint so they asking for stuff hoping they scare people into voluteering the info they need to see if its worthwhile for them to do.

[vint1954]

Re: Optima Legal Harassment

They cant mention interest in a charging order, they have not been awarded it by a judge.

CO is only security.

Dip sticks

[Never-In-Doubt]

Re: Optima Legal Harassment

You must first formally complain to the business prior to a legal ombudsman complaint.

Think along the lines of what we utilise daily here - the cca - we complain to the business - final response or no reply in 8 weeks means we - complain to FOS - if its regulatory breaches we can complain to oft although as a consumer they don't need to act, they do listen to all complaints.

Now, solicitors - complain to them first - complain to legal ombudsman if you're not happy at the solicitors response - if the legal ombudsmans decision doesn't satisfy you then complain to SRA (like the oft in above example)...

See the similarities

[ken100464]

Re: Optima Legal Harassment

Cheers Niddy.

Dont think this will go any further now I know it was all bollox from the rent boys.

I am not for poking these guys but am for amassing lots and lots of paperwork.

Think it was just some bully boy tactics. Caught out by our letter so they had to come back spouting shit.

They cant leave it and we sorta become used to it.

And they have removed the phone number which was what upset the OH. So small victory and some great advice as usual.

[ken100464]

Re: Optima Legal Harassment

Litigation Team of the Year
Sponsored by High Court Enforcement Group
Winner: Optima Legal
Finalists – British Gas Trading

- Moon Beever

- SGH Martineau

- Shoosmiths

Taken from Credit Today awards.

Presume the tick boxes and paper exercises differ somewhat from the harrassment and underhand tactics reported on forums.

A real award but one they would be scared ever to do would be one voted for by the customers. All of us.

[pompeyfaith]

Re: Optima Legal Harassment

These awards are all a load of bollocks and meaningless.

[ken100464]

Re: Optima Legal Harassment

And the load of bollax and meaningless award 2013 goes to

Thats what we should all be allowed to vote for.

[Paul.]

Re: Optima Legal Harassment

who the fuck came up with the name "Moon Beaver"

I mean seriously, you receive a letter from them youd piss yourself laughing at that name