Shoosmiths/CCJ

Hi, after advice regarding Shoosmiths dealing with an Erudio student loans debt.(old student loans type)

They sent me a letter at the beginning of november chasing an outstanding debt of £7300. I’m not in the position to pay but my mum has offered me £2k to settle it. I wrote back offering this. They sent another letter at end of November rejecting this and requesting a reduced amount of £6k. I wrote back and advised all I had was the £2k . I came home to a letter on Weds from the court that i have to complete as they are going for a CCJ and this now totals over £8.5k with legal costs!

I then rang Shoosmiths (very distressed) on Weds afternoon. I spoke to a lady who explained they could revert back to the original offer of £6k as settlement but it would need to be paid within 6 months. Either way this court paperwork needs to be back with the court by jan 2nd to prevent judgement in my absence. The lady advised she would put it all in writing and send to me . It’s now Friday afternoon and i’ve recieved nothing. I’ve emailed them this morning but no response as yet. I’m getting a bit concerned with the xmas holidays coming up and I’m also upset that they have jumped straight to a ccj. (They said they received my second letter the day after they completed the court documents). What should i do next?

Comments

  • I’ve just noticed. Their second letter is dated December 5th and requests a response within 14 days - yet the ccj action is dated December 14th....just 9 days later. How can they do this?
  • Just_Di
    Just_Di Posts: 385 Forumite
    Sixth Anniversary 100 Posts Name Dropper Photogenic
    What should i do next?

    Hello :)

    You have 19 days from the claim Issue Date (top right on the claim form first page) to file your Acknowledgement of Service.

    You can login online using the password on the claim form and tick the box saying that you "intend to defend all of the claim" on the AOS page.

    Once you've done that you will have 33 days from the claim Issue Date to file your Defence which extends the deadline to later than 2nd January.

    Then post some more information about the history of the debt on your thread and someone who is knowledgeable in that area will help you establish whether you have grounds to defend this claim or not.

    If you want to settle then you can do this with a Tomlin Order which is not a CCJ but it could become one if you breach the terms of the Order. A Tomlin Order is a consent Order agreed between the parties and lodged with the court which stays the proceedings unless there's a need to resurrect them.

    Try not to take this personally, these solicitors who double as debt collectors can be relentless in their approach.

    Don't let this spoil your Christmas holiday.

    Di
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