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  • Optima CCJ and charging order

    Hi Niddy,

    Hope you're well.

    Just wanted to let you know how things were going and something that I've just discovered.

    On your advice I withdrew my defence against Optima and let them get the CCJ against me.

    I applied to the court to ask them to help me set up a manageable amount to pay each month. I have a redetermination hearing on the 27th April.

    Optima also in the meantime went for an interim charging order on the house. I didn't even know that they had - I just received a letter one day from the court saying that the interim charging order had been obtained on a date in March with a date again of the 27th April.

    The order is for the value that's outstanding plus says they're going for the interest as well.

    I was checking about this as I didn't think they could continue to add interest onto the amount on a credit card debt like that.

    On the (supposed) reverse of the agreement that they sent me it says that:

    "We will charge interest on a daily basis before any judgement"

    Yet on the terms and conditions leaflet that were supposedly in force when I signed the agreement it says:

    "We will charge interest on a daily basis both before and after any judgement"

    Just a bit concerned about the apparent mismatch. Surely if they've insisted that the terms are on the back of the agreement I signed they can't then decide to go by the terms that they have included as a leaflet?

    Also, on the national debtline site it says that if they intend to charge interest on the amount they have to include a specific statement on the default notice. There's definitely nothing on my default notice about charging interest after any judgement.

    I know this is last minute again, but I was ready to accept what was going to happen on Wednesday lunchtime at the court, but now I've found that I'm really mad that they seem to be lying about the leaflet being the correct terms and conditions - it's almost as though they've made them up so that they can specifically add on the interest if they do take someone to court.

    Any advice would be really appreciated.

    Thanks,

    P.

  • #2
    Re: Optima CCJ and charging order

    Oh well.... looks like it's just me then this time.

    Cheers,

    P.

    Comment


    • #3
      Re: Optima CCJ and charging order

      Hi Pugface

      I'm sorry but I just don't know enough to help out, it does sound shady though, Optima are shits.
      Niddy will be along and if he can help he will. Are you going to the court?

      Comment


      • #4
        Re: Optima CCJ and charging order

        Hi evenlessdopey,

        Thanks for your reply.

        I am going to the court today - leaving at about 11am actually.

        Agree with you about Optima, they're definitely a disgusting company.

        Cheers,

        P.

        Comment


        • #5
          Re: Optima CCJ and charging order

          Shit, sorry mate. Seems i'm too late now.

          Bugger! You should have given me time lol, you only posted yesterday with court due today! Oh well best of luck, if you do read this then explain to the judge about the errors - in fact that in itself could cancel enforcement

          Best of luck....
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

          Comment


          • #6
            Re: Optima CCJ and charging order

            Hi NID,

            Thanks for the reply - just off in a minute so that I get there in plenty of time.

            Going for the "you can't give me a charging order as I haven't defaulted on any instalment order yet as it's not been decided what the court wants me to pay yet."

            Was told to point out Mercantile Credit Co ltd v Ellis 1987.

            Any other very last minute advice?

            Cheers,

            P.

            Comment


            • #7
              Re: Optima CCJ and charging order

              Well done, that should sort the co out. About the interest - mention it and argue the fact you're going on the terms on the reverse of the agreement; not the flyer (thst you never received with the card anyway)....

              You'll be fine; hopefully the judge will be against twats such as Optima....

              Best of luck, stay calm and don't get angry. You can appeal anything, remember that. Did you ever defend/accept the ccj or not fill the forms in?
              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

              Comment


              • #8
                Re: Optima CCJ and charging order

                Basically you need to explain that you never got a flyer, you only had the agreement which clearly says "interest to judgment" and then say "it would appear optima are doing this to try and obtain additional funds"...

                The way the judge responds will tell you who's side he is on
                I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                Comment


                • #9
                  Re: Optima CCJ and charging order

                  I did file that defence, but then went with your advice to remove it.

                  The CCJ went through with the amount to be paid forthwith, but with a second part stating that I was at liberty to apply for an instalment order, which I did. The court is about that today too so hopefully they'll be nice to me!

                  Comment


                  • #10
                    Re: Optima CCJ and charging order

                    Ok best of luck.
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • #11
                      Re: Optima CCJ and charging order

                      Well that was a waste of time.

                      The judge wasn't interested and wouldn't grant the allocation order.

                      Passed the final charging order on the house with 8% interest per year. Couldn't be bothered to listen to anything I said.

                      Wondering what the heck to do now.*

                      Comment


                      • #12
                        Re: Optima CCJ and charging order

                        Ok, I'll send u a pm with details of our preferred solicitors. Give them a call or send an email FAO Paul and see what they suggest....

                        I'm not sure if it's worth appealing so check with these guys first yea?
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • #13
                          Re: Optima CCJ and charging order

                          Thanks for that.

                          It's just that interest charge added onto the amount.

                          Think I was so shocked by the attitude of the judge I didn't get my point across about no interest after judgement.

                          Need to ask you about who I should contact about a data protection breach by Optima. A while ago they sent me the full case file of someone else including his property details, bank accounts, passport, etc. Just want to be really petty and TTY to get my own back at Optima.

                          Cheers,

                          P.

                          Comment


                          • #14
                            Re: Optima CCJ and charging order

                            Check your PM's....
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                            Comment


                            • #15
                              Re: Optima CCJ and charging order

                              The lead litigation partner at Optima already has a serious repremand under his belt by the SRA thay are not impressed with him as it is.

                              I suggest you compile a complaint to them listing everything including beaches of the CPR.

                              The more people that make SRA complaints about this shite firm the better as sooner or later they will be struck of.

                              http://www.sra.org.uk/consumers/soli...cle?ref=search

                              Regards
                              Last edited by pompeyfaith; 4 July 2011, 21:42.

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