Frequently Asked Questions – FAQ
At Joanna Connolly Solicitors, we specialise in consumer credit defence, general litigation, court advocacy, and wills/power of attorney. Below, you’ll find answers to some of the most common questions we receive. Please note that this information is for general guidance only and does not constitute legal advice. For personalised support, contact us via our enquiry form.
1. What should I do if I receive a County Court Claim Form (CCJ) for an old debt?
If you’ve been served with a CCJ, act quickly— you typically have 14 days to respond. Check the claim’s validity: Is the debt statute-barred (over 6 years old without acknowledgment)? Review the creditor’s paperwork for errors, such as missing Consumer Credit Act agreements. Do not ignore it, as a default judgment could lead to enforcement actions like bailiffs. Gather your documents and consider seeking specialist advice to file a defence or application to set aside the judgment. Our team can help assess your case.
2. Can a creditor add interest to a charging order on my property?
Charging orders are governed by the Charging Orders Act 1979 and CPR rules. Creditors can apply for an order nisi (interim) and then absolute, but interest accrual depends on the original debt terms and court discretion. Post-judgment interest under the County Courts Act 1984 is usually 8% per annum, but it stops accruing once a charging order is registered if the court orders otherwise. Myths abound—e.g., charging orders don’t automatically force a sale unless equity allows it. We recommend reviewing your specific order; our solicitors have successfully challenged excessive interest claims.
3. How do I defend against debt collection harassment?
Under the Protection from Harassment Act 1997 and FCA guidelines (CONC 7), creditors must treat customers fairly—no excessive calls, threats, or misleading letters. Document all contact (dates, times, content) and respond in writing asserting your rights. If it’s unfair, complain to the creditor first, then the Financial Ombudsman Service (FOS). In litigation, we often use this evidence to strike out claims or negotiate settlements. Remember, debt collectors like Cabot or Arrow Global must prove ownership of the debt.
4. Is my debt statute-barred, and what does that mean?
A debt becomes statute-barred after 6 years (for most unsecured debts) under the Limitation Act 1980 if you haven’t acknowledged it in writing or made a payment. This is an absolute defence in court—the creditor cannot pursue it legally. However, they may still contact you, so inform them in writing that it’s barred. Always verify with original documents; unenforceable doesn’t mean the debt vanishes, but it can’t be enforced via court. We’ve defended numerous such cases successfully.
5. What services do you offer for wills and powers of attorney?
We provide straightforward drafting of wills, codicils, and lasting powers of attorney (LPAs) for health and welfare or property/finance, compliant with the Mental Capacity Act 2005. This includes advice on executors, inheritance tax planning, and avoiding intestacy pitfalls. Fees are transparent and fixed where possible. Contact us for a no-obligation discussion—preparing these documents ensures your wishes are protected.
6. How much does it cost to instruct Joanna Connolly Solicitors?
We offer competitive, fixed-fee options for many services, such as initial debt claim defences starting from £500 + VAT, with partial no-win-no-fee available for select litigation. Our initial consultation is free of charge to determine if we can assist and what is required. Full case costs depend on complexity and are discussed upfront. We’re committed to affordability for consumers facing creditor pressure. For a tailored quote, use our contact form.If your question isn’t covered here, please get in touch—we’re here to help with clear, practical guidance on your consumer rights.