advice please about CCJ

donny_osmonds_mad_fan

hi, I owe £3, 664 to egg credit card. I got into problems last year and had paid a bit off here and there when I could afford it.

I have been nagged senseless about 4 calls per day from a solicitors acting on behalf of them, they have called my 16 yr old and my 12yr old liars when they say I am not in etc....anyways

I got a letter stating they were taking me to court mainly because they refused to accept £50 per mth and wanted £900 per month....I know they are paid to get money back etc but seriously as I told the woman if I could afford to pay £900 per mth I wouldn't be in debt, so I figured ok let it go to court chances are they would accept the £50 offer.

I didnt hear anything for now 3/4 weeks (phone calls continued I mean by post) but today got a letter from court saying I owed £365 plus £112 fees and they want £50 per mth...fair enough I will pay that but has the court somehow decreased my debt? Have they figured this is acceptable as final payment? The letter says when debt/charge remains till the final installment
is paid and I must pay £50 till it is paid.

There is no mention of it being over 3k, it is for only 10% of the total debt, I havent entered any details to the court about my circumstances or what I can or cant afford. I am just wondering if this is what they do and this is correct if it is why arent they chasing me for the full amount? It isnt even missed payment for the year as that equates to more and anyway the solicitors have always been chasing me for the full amount.

so when I pay this is that it all the debt is gone?

if this is somehow a mistake as the official court letter says only this amount what happens if the solicitors go back and say we made a mistake months later to the court?

Xbigman

There are lots of 'ifs' and 'buts' to this.

The court would have written to you and you would have had the chance to respond. Its possible the letter was lost in the post, its also possible the solicitors included all your corespondance to them in their court paperwork and the court accepted this. The courts also make mistakes so the amount owed on the CCJ could be right, wrong, a typo, anything really.

Next step. Is what you have actually from the court, or just a letter from the solicitors tarted up to look like it? If from the court give them a call and ask. If you don't like what you hear you can get the CCJ set aside and reheard.
If you are happy to pay the CCJ as is then do so and don't miss a payment.
Regards




X

keith_lard

If you have recieved a CCJ you should have a claim form, these documents will be in blue, also they will want to know your outgoings, have you been sent this??

I would contact CCCS for advice on this, I did, and they told me how to deal with it.
Very glad I did,

£50 a month is a very good offer for a £3000 plus debt.

But dont miss one payment if you choose this path.

But please give https://www.cccs.co.uk a call its FREE and their advice is spot on!

rizla01

Personally, I would wonder what would happen if you only paid the £365 plus £112 fees and then stopped paying.

Your court order clearly states the amount you owe as being only that. What happens once you have paid just that?

donny_osmonds_mad_fan

well this is what I am wondering...the letter as far as I can see is from the court with a file number etc, the court letter says I owe this much and I have to pay £50 how am I meant to know what process they took to decide thats what I am liable for?

thing is if I ring them and they see it is a mistake I could be kneecapping myself but if I pay what the letter states etc then can they go back on what they say? surely a court letter should be checked etc and the final say on the matter?

I am happy to pay what they say so think I will just pay that and then when the last is done then ring them.

thanks to others who have replied.

keith_lard

I would ring the court, they will offer you advice but stick to what you can pay back if £50 is all that you can give then offer it, but once it goes through I dont think you can change this to less.

But please give CCCS a ring first!

Regards

K.

donny_osmonds_mad_fan

I dont want to change it to less, if all the court wants me to pay is £50 a mth till under £500 they say I owe is paid then thats a party in my mind, what I mean is when I have paid that can they then go back on what they have said ie that and suddenly say oh well actually we got it wrong it is 3000 etc

Bossyboots

Court staff do regularly mess up when typing orders and I suspect that is what they have done here. The solicitors will no doubt already have written asking for the amount to be amended under the "Slip Rule". You should assume for the time being that it is a typing error and that the full debt is payable. You should ring the court and check. If the order on the day was for the full amount this would have caught up with you eventually. It is highly unlikely that the amount you have to pay each month will be changed as I agree with Xbigman that the Court will have seen the offer you made for £50. The solicitors will have known what they were demanding was not going to happen.

This still does not cover the question of why you knew nothing about it and you need to tackle that with the court staff too. In my experience, it is highly likely that they put the wrong address on the paperwork they should have sent out to you.

Alternatively, it could be you were ordered to pay £500 per month and there is a second typo. You need to contact the court on Monday and sort this out.

rizla01

Alternatively, it could be you were ordered to pay £500 per month and there is a second typo. You need to contact the court on Monday and sort this out.

:eek: :eek:

donny_osmonds_mad_fan

it best not be a typo like that!!!!!!!!!!!

I am going to pay the £50 this month and see if anything gets said (if it should be £500...please god no...) and I am going to photo copy the court letter and put it in with payment and type a letter with a break down saying...court says I owe this so £50 is so many months etc and say this is my first payment out of whatever etc and see if the solicitors get back to me....

so it may all be a typo...even if it is it means they did a maths sum also and it still didnt twig as £112 onto £3600 isnt the same as adding it onto £360 etc so we have two typos and a maths error they havent noticed.

has anyone ever been in this situation where by the court has reduced the final amount owed like this without any appeal? to do so by the person?