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Moriarty Law / Vivus / CCJ

matthew86ps
Posts: 1 Newbie
Hello. This is my first post so thanks for reading. I will try and keep this simple:
- Several thousands worth of debt incurred from a few years ago, paid most off through payments (not through DMP) and have settled many - currently have around £2000 remaining
- One debt was for the above, with Vivus - who have now gone out of business - apparently for £350 but with fees went to £700. I admit I have ignored this one (I'm not sure why)
- Has CCJ notification last week for £700 plus £56 extra interest plus £60 court fee plus £70 legal rep fees - new total £886
- A day after this they sent me another letter saying I may still be able to avoid court action
- Contacting them they said I can avoid by paying £886 within 6 months
- I advised I would pay £756 over 6 months (taking off the court and legal fees, surely not appropriate if not going to court)
- They declined and said only offer is £886 or CCJ
I have responded to CCJ so believe I have 28 days to deal with this from that date which was last Friday.
Can anyone tell me if this is fair/allowed? Can companies add on these fees before court action?
I have asked for original loan agreement but am yet to receive this. Should I make complaint about affordability as I see some are doing, or is it now too late? Could I go to Ombudsman for 'fair' amount to pay?
Any help is really appreciated. Thanks.
- Several thousands worth of debt incurred from a few years ago, paid most off through payments (not through DMP) and have settled many - currently have around £2000 remaining
- One debt was for the above, with Vivus - who have now gone out of business - apparently for £350 but with fees went to £700. I admit I have ignored this one (I'm not sure why)
- Has CCJ notification last week for £700 plus £56 extra interest plus £60 court fee plus £70 legal rep fees - new total £886
- A day after this they sent me another letter saying I may still be able to avoid court action
- Contacting them they said I can avoid by paying £886 within 6 months
- I advised I would pay £756 over 6 months (taking off the court and legal fees, surely not appropriate if not going to court)
- They declined and said only offer is £886 or CCJ
I have responded to CCJ so believe I have 28 days to deal with this from that date which was last Friday.
Can anyone tell me if this is fair/allowed? Can companies add on these fees before court action?
I have asked for original loan agreement but am yet to receive this. Should I make complaint about affordability as I see some are doing, or is it now too late? Could I go to Ombudsman for 'fair' amount to pay?
Any help is really appreciated. Thanks.
0
Comments
-
Hi,
Are you saying you received a claim form ?
If so then yes the fees are added to the claim and you become liable for them if you lose the case.
What type of debt was it ?
Was it CCA regulared ?
If so send a CCA request, if the company has gone bust they will not be able to comply, you will win by default.
You must follow the court process now.
Edit, i see you have already sent CCA well done..I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
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