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ELMS Legal CCJ fees
welly_59
Posts: 315 Forumite
Hi all I'll keep this brief. On Feb 5th excel parking services win a ccj against me for not paying a parking ticket. Plan was always to pay the ccj within a month.
This weekend I recieved a letter from ELMS legal stating that I had to pay them the CCJ fee plus £90 for "costs", total now being £245.
My issue is how can I pay the ccj, but not pay these extortionate costs on top? Excel will send me to elms when I try and pay, and elms will refuse to take payment for ccj unless I pay their fees on top as well
This weekend I recieved a letter from ELMS legal stating that I had to pay them the CCJ fee plus £90 for "costs", total now being £245.
My issue is how can I pay the ccj, but not pay these extortionate costs on top? Excel will send me to elms when I try and pay, and elms will refuse to take payment for ccj unless I pay their fees on top as well
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Comments
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it's not possible to "win a CCJ" that can only happen if you fail to pay a lost court case.
what was your court defence?
had this been through the court system?
what did you say to the landowner re the parking charge?
how is the £245 made up ?From the Plain Language Commission:
"The BPA has surely become one of the most socially dangerous organisations in the UK"0 -
IMO this sounds perfectly legal. Full guidance is available in the stickies, in the Court guidance, and by googling.
Why/how did you get the CCJ? If it was sent to a wrong address you may be able to get it set aside.
Once again, details/instructions in the stickies and on the internet.You never know how far you can go until you go too far.0 -
It was sent to correct address, and I submitted a request for defence, but then did not submit defence in time so it was won by default.
The ccj states £130 plus £25 costs total £155. Now the letter from ELMS states £155 plus their costs of £90 for recovery action.
How is it legal that I now need to pay more than the court defined in their order?0 -
How is it legal that I now need to pay more than the court defined in their order?
It is not. However £245 is the usual award in Judgments by Default and it is likely that you have misunderstood. Please show us the court order and the letter from Elms.You never know how far you can go until you go too far.0 -
The claimant can ask MCOL to issue a warrant of control but I'm assuming that you haven't received one and ELMS are simply "trying it on".welly_59 said:It was sent to correct address, and I submitted a request for defence, but then did not submit defence in time so it was won by default.
The ccj states £130 plus £25 costs total £155. Now the letter from ELMS states £155 plus their costs of £90 for recovery action.
How is it legal that I now need to pay more than the court defined in their order?0 -
Has the OP checked their credit file for a CCJ ??0
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court letter:
https://pasteboard.co/IW9N9k8.jpg
ELMS Letter:
https://pasteboard.co/IW9ND6f.jpg
As you can see CCJ judgement for claimant letter states £155, and letter from ELMS states i need to pay £155 plus their fees of £90. I have contacted Excel direct this morning and they are refusing to take payment of £155 and refer me to their legal contact at ELMS, who then refuse to take payment for anything less than £245.
CCJ is correct and i have no arguments with it, but they refuse to adhere to it and now want to charge extra0 -
yes and the CCJ is correctbeamerguy said:Has the OP checked their credit file for a CCJ ??
There has been no issue of a warrant of control. its been 10 days since i received the judgement letterCastle said:
The claimant can ask MCOL to issue a warrant of control but I'm assuming that you haven't received one and ELMS are simply "trying it on".welly_59 said:It was sent to correct address, and I submitted a request for defence, but then did not submit defence in time so it was won by default.
The ccj states £130 plus £25 costs total £155. Now the letter from ELMS states £155 plus their costs of £90 for recovery action.
How is it legal that I now need to pay more than the court defined in their order?0 -
Pay the claimant using the address on the Claim Form. Get a receipt.
Did they send you al the letters they calim they sent? Yes or No. You know, we dont.0 -
Personally I would pay the £155.
If you think that Elms legal are claiming for amounts to which they are not entitled, (imo they are but IANAL), complain to their regulatory body, they could be struck off.
https://www.sra.org.uk/
You never know how far you can go until you go too far.0
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