court action against me :¬(

spacemates_2

halibut2209 wrote: »

If you don't have the money, then you can't pay them.

You owe the money and will have to pay it, but I can't see a court looking too favourably on them refusing to accept your payments. The court may well instruct a smaller amount.

Something doesn't add up here though. If you are paying £50 a week (no mention was made of post-dated cheques so I don't know where that came from), then the debt would be settled in less than 3 months - way before it would go to court.

Hi am attempting to pay the £50 a week they have not attempted to cash the cheques they have received each letter because each was sent via recorded delivery along with a covering letter so they were aware what each cheque was for, yes within 8 weeks they would be paid if they cashed the things, I have the compaines bank details I could pay it in directly each week would that help?

so if I am reading this correctly if it is paid off before the court date it would be settled and would that mean nothing to answer?

spacemates_2

spacey2012 wrote: »

What kind of business are you Sole trader ?

as a business I am a sole trader not limited.

halibut2209

That is correct

spacey2012

Then unfortunately you are one of the same with the business .
They can claim you ordered the item on an account as a business customer.
Pity, if it was as an individual they would have been right in the brown stuff.

UsernameAlreadyExists

spacemates wrote: »

Hi am attempting to pay the £50 a week they have not attempted to cash the cheques they have received each letter because each was sent via recorded delivery along with a covering letter so they were aware what each cheque was for, yes within 8 weeks they would be paid if they cashed the things, I have the compaines bank details I could pay it in directly each week would that help?

I know you're ARE trying to pay, but they simply haven't accepted your terms. It was you offering £50 per week and trying to force it upon them. Don't be depositing money in their bank, there will be no paper trail for it!

neilmcl

peachyprice wrote: »

Where does it say the cheques were post-dated?

The original post was a little confusing with the time lines regarding sending the company a letter with the OPs intentions followed by a series of letters containing cheques. It looked like it was all done in one go, hence the assumption they were post-dated cheques.

My fault, just ignore the post-dated thing.

neilmcl

OP, rather than continue with the cheques can you simply not put the money aside from now on and then pay the whole amount off prior the court date.

spacemates_2

neilmcl wrote: »

OP, rather than continue with the cheques can you simply not put the money aside from now on and then pay the whole amount off prior the court date.

Yes I will do that from now, one last thing then when it is paid off in full what will they do then? will it still go to court? its the ccj that is making me panic will that still go ahead?

ScarlettUK

If there is nothing outstanding then there is nothing for the judge to order that you pay. Result - no CCJ necessary.

ValHaller

I think what might happen is that the solicitor allow legal action to continue until all the cheques are in and then present them together. If any of them bounce, they will continue with the action.

spacemetes, because you are in such a muddle about all this you need to keep the money available in your account, otherwise when the do present the cheques, you are going to be hit with the court action.