Default Notice & CCJ summons - help my mum!

Anna_Nonymouse

Hi

My mum has been in debt as long as I can remember. She's sought the advice of CCCS and for the last few years has been paying her creditors at the rate of £1 per month, obviously this is subject to an annual review.

This year, one of the creditors called her up for an update. Normally a man rings her. This time, it was a woman, who was really unpleasant to her. Previously (ie the year before) the creditor had made her an offer to reduce the debt to a more manageable amount, and this worked out at £28.00 per month, which at the time she was unable to afford.

Anyway, mum asked whether the offer was still available, as she has finished paying for her car and knew the additional money was going to be pro-rata'd amongst her creditors. She was told "no, you might have £50 to give us. We'll wait for your budget"
On the 25th August, she was sent a default notice. She had not missed paying her £1.00 at any point, so wasn't in default of the agreed repayment amount. They demanded £8k by September 5th.
When she was paid at the end of August, she sent off the list of creditors, the CCCS expenditure sheet, the CCCS pro-rata offer letter, and her cheque for the new amount of £29.00. She also wrote a separate cover letter, making the offer, acknowledging the default notice.

They cashed the cheque on Sept 8th.
On Sept 9th, she got a solicitors letter, a budget questionnaire and a threat of court. This raised the amount to £11k because of a "collection fee" - I presume this is the solicitors getting their pound of flesh.
She was given a phone number, left a message on the answer phone. I tried the number repeatedly through that day, and got answerphone everytime. I found the main switchboard number on Yell, and called to make sure this person was in work that day - yes, just not answering the phone.

Mum wrote back to the solicitor immediately, and I copied it to the email address on the letter, basically giving all the budget details again, and reinterating the offer for £29.
Then the summons arrived.

So well done if you've followed me so far. The court fees and "collection fee" add another £2199 onto the debt.

Is it advisable at this point to fill in the "part admission" admitting to the debt but disputing the fees? Frankly, she's reposnded in a timely fashion, she's paid on time, and she's made an offer that was more than they were expecting when they made their original offer.

? I'm thinking of taking her to the CAB this week, but I just can't face being told that they're adding more of it onto her - she's drowning as it is, but I think she's done everything "right" - certainly the counsellor from CCCS seems to think we've done all we can to try and sort it out...

Thanks in advance.

sgx.saint

Explain this to the court, if you are currently paying what you can afford and you have made all efforts to pay and act reasonbly then the court should throw out the CCJ request.

There is an official term on what this is .... think there is an option to dispute the CCJ etc on the form.

What I have said in principle is true, I just cannot remember the correct procedure and terminology. I am sure someone with more experience will clarify this for you.

file_wizzard

In sort yes, she should return the claim form and dispute the fee's, I know it must seem very stressful at present, but you need to keep in mind that if it does go to court then the Judge will only order a realistic payment, and if he can see that your mum has been doing this, and that her I&E is true reflection of her ability to pay then this is all he will order.

I would also imagine that he will be less than impressed with he creditor for taking this course of action when your mum has obviously made all efforts to address the issue in a realistic manner and may see fit to redress them for their conduct.

Anna_Nonymouse

Thank you very much for replying.

sgx saint - we're not far from you!! Small world.

Am I right in thinking that in filing a defence, the case would be brought to my mum's local court centre?

file_wizzard

When the claim form is initially issued it will be from the claimants local court, however if you are acting as an individual you can apply for a transfer to your local court and this will not normally be refused (even on the fast track as this claim would probably be mindful of value)

sgx.saint

sgx saint - we're not far from you!! Small world.

It certainly is. Where you from?

Anna_Nonymouse

I'm originally from Middlesbrough.

OK, so I wrote the defence statement today, with reference to the Civil Procedure Rules. I just hope its enough to convince them.

Thanks for your help, all