CCJ threat

cmayfield83

There is no CCJ on my credit file

Thrugelmir

If you aren't agreeable to reimbursing their costs then there will be.

middleclassbutpoor

I may be wrong here but I don't think you have much going for you on this. If they had proceeded, you could have ended up with the costs to pay.

Your decision is do you fight and risk them just saying - we can't be bothered trying to help you any longer and we will go for the CCJ. If you get this and are in the financial services sector- this will harm you much more than their costs.

Personally, it took them to take you to court for you to take action. If you had looked to agree this at the outset this could have been avoided.

Think you need to decide which will cost you more - CCJ or the costs for the CCJ which will probably end up in you paying what they want you to pay now...

sourcrates

cmayfield83 wrote: »

We chased this for considerable time before taking this via the legal route and unfortunately due to the CCJ that we obtained there were extra costs.]

This needs clarification.

The say they obtained a CCJ.

These are issued by the county court, nothing to do with the creditor.

You either have one or you do not, they cannot be held, just not enforced.

Check trust online.

cmayfield83

i offered to pay as soon as i heard from them.

They were chasing me but at an old address and in my maiden name. it was the debt collection agency that tracked me down at the correct address.

sourcrates

cmayfield83 wrote: »

i offered to pay as soon as i heard from them.

They were chasing me but at an old address and in my maiden name. it was the debt collection agency that tracked me down at the correct address.

This is how I read it.

Claim forms probably went to your old address, they obtained judgement by default, as you did not respond to the claim form.

They have a judgement against you, then traced your new address, and you agreed to a payment plan, to avoid enforcement action.

Because of your uncertainty on what has gone on, either this was not explained to you correctly or you have mis-understood the process.

You need to check all three credit reference agencies as well as trust on line, you can also check the details of the judgement with the issuing court.

But in answer to your initial question, yes you must pay the court costs as going by the contents of that email, judgement has been made against you.

cmayfield83

Hello
No the CCJ forms came to me once the debt collection agency tracked me down. It was the first step of the CCJ where you have 14 days to respond. In this time I made contact and came to the arrangement to pay. They never progressed the CCJ after that.

sourcrates

cmayfield83 wrote: »

Hello
No the CCJ forms came to me once the debt collection agency tracked me down. It was the first step of the CCJ where you have 14 days to respond. In this time I made contact and came to the arrangement to pay. They never progressed the CCJ after that.

So why are they saying the opposite then ?

Anyway, regardless of that, the same advice to pay would still apply.

Brock_and_Roll

cmayfield83 wrote: »

No I dont have a CCJ, nothing is on my file. I offered to make monthly payments so it didnt have to go to court. They had started the CCJ process as I received the notification in the post and had to log onto the court site to submit my plea and fill in an outgoing sheet. This is when I contacted them offering to pay in instalments.

This is from their email to me
The original debt to us upon leaving was £2738.91. We chased this for considerable time before taking this via the legal route and unfortunately due to the CCJ that we obtained there were extra costs. The extra costs came to the figure below of £1196.35. This was added to your bill. The original 24 months at £114 would cover the original debt, however the extra charges would mean this would continue for another 12 months at least.

We then held the CCJ at your request as you did not want this to impact on your working life as you stated you worked in the financial sector. If the payments do not continue then we will simply apply for this to be re-instated.[/FONT]

The email from the ex-employer does sound very reasonable given that from their perspective, the debtor need to be chased for a long period of time, then "disappeared" without providing forwarding address, no doubt hoping that the problem would go away.

If the OP does work in the financial services sector, I would advise getting this sorted ASAP, costs or no costs. As an employer in this sector I would take a very dim view of an employee with this particular set or circumstances as it could look like they have tried to diddle their employer in an industry where financial proberty is crucial.