Received Claim Form from ELS & Cole Solicitors

naeemsyed

Hello All

I had an Alliance and Leicester Credit Card which I could not repay; hence a default repayment was setup for £5.00 per month. The Debt was passed to a Debt Collection Company and I continued paying the £5.00 per month. A few months back my debt was taken over by ARROW GLOBAL LIMITED who called me and said that as this debt (£2252.00) has gone on far too long and they will only accept £5.00 per month and if I agree to a Voluntary Mortgage over my property. I refused but instead offered that I could arrange to pay £450 as full and final settlement of my account. But they rejected my offer and said they were going to proceed towards litigation against me.

Today I received a CLAIM FORM from ELS & COLE SOLICITORS claiming the full amount of £2252. But they added the £75.00 (Court Fee) + £80.00 (Solicitors Cost) which has brought the total to £2407.

1. I have never defaulted since the repayments started.
2. What should I do?
3. Can I not offer any defence to their aggressive and harassing gesture.

The debt has now unnecessary increased by these added court fees by £155.00

Please advice? I only have 14 days to reply.

Thanks

Emmzi

your credit rating is shot anyway so let them take you to court. If all you can afford is a fiver, the judge will order you to pay a fiver. You'll have CCJ but a charging order is unlikely for that amount.

vax2002

how much was the credit card debt for ?
Not the fees, the first debt amount you owe, what is this figure.

naeemsyed

The original outstanding debt is £2252.

I have been searching around trying to get more information. I spoke to one Legal Advise helpline. The advisor suggested that though I have received a Claim Form from their solicitor, there is no harm in writing to them and accepting their ‘Voluntary Mortgage over my Property’ and also offering to makean increased repayment of £10.00 if they withdraw their Claim.

I am a concerned about this ‘Voluntary Mortgage over my Property’and what it pertains?

fatbelly

What can you afford as a monthly instalment?

If you can afford around £50, as justified by your income and expenditure, then most courts would make an instalment order.

You do need to respond to the court claim or you will get a 'forthwith' judgement, which will allow Arrow to go straight for a Charging Order.

Some guidance here:

Factsheet | Replying to a county court claim form

iolanthe07

You can't blame them for trying to get more than £5 a month, though, can you? Even with no interest added at all, it would take more than 37 years to pay back the debt.