ELMS Legal CCJ fees

welly_59

I can make that call and record it easily enough. How would I apply formally for them to be sanctioned by the court if they still refuse?

nosferatu1001

Do the first bit
ASk them to confirm that they are refusing to accept the full payment of £155, as specified on the judgement of date X which was received on date Y, ref XYZ, which has a deadline of "forthwith" and no other deadline for payment. Ask them to confirm that instead, they wish you tp pay a 3rd party - elms legal - a sum of £245 despite this sum not being detailed on the Order of Z date. 
I still dont know why you do not just send them a cheque. Your bank can sort that for you. 
Yo usend a cheque with proof of posting, and prove to the court it was received by them more than 4 days before the 30 days deadline for rmeoving judgements is up. As such you request that as payment WAS made - if they dont cash it thats their loss - the judgement is removed from the register
But you are going to have to pick and pick bloody sooon. Another day has gone. 
OR
Pay Elms the amount of £155 as that is the amount specifed on the order. No more. Get a receipt for this. 

welly_59

ELMS are refusing to take payment for anything less than £245, I have already tried that.
I could send them a postal order, recorded/signed for delivery. That still leaves me in the position of proving that there was actually postal order in the signed for mail though

nosferatu1001

Yep. Looks like youre out of luck then
Or
Try whats been suggested. Pay EXCEL as they are the ones named ont eh order. Send cleared funds to them ASA-bloody-P 
Enclose a copy of the order, underline the forthwith and the amount, and state you require they accept this in full payment of the Order with ref.... 
You require them to confirm to thte court that full payment *in accordance with the order* has been made. SHould they fail to do so within 7 days (i assume you have this much time left by the time you get this sorted) you will hold them liable for any damage to yoru credit file. 

beamerguy

I agree with what is being said.  What the court ordered is what you pay.  The court did not say a rogue trader could pop in with extra costs.  You are very short on time now and you should do this today with a receipt of posting. Maybe a copy to the court.

If Elms object then a severe complaint about Elms to the SRA

nosferatu1001

As said, I woudlnt pay Elms. You know nothing about Elms. Your Order says to pay Excel, so thats who you are paying
You could send a copy to Elms for their records, so they can see youve paid who you were actually Ordered to pay. 

welly_59

ill make the calls this afternoon, ive been trying to make payment since friday! I really do not want this to go over the 30 day limit though.
Everyone sure i have no grounds to submit my own claim against Excel in the case that i did make payment to ELMS direct?

nosferatu1001

Claim for what? Show us your heads of claim. 

welly_59

-refusing to accept payment as specified in the court order
-handing responsibility over to a 3rd party
-forcing payment of 90 pound

nosferatu1001

- thats not a head of claim
- thats not a head of claim
- theyre not forcing it, Elms is stating it is their fees
Harassment, DPA2018 breach, torts of trespass atc are all heads of claim that have a chance. Yovue yet to show any. 
Send cleared funds as suggested, directly to Excel, as they are the ones named on the court order. Copy the court in and talk to tyhe court DIRECTLY should you not get the confirmation fo payment from Excel
Did you talk to the CCBC on this?