CEL letter before action help (I now have a court claim form??)

DisabledandConfused

No their witness statement doesnt have the NTK. Their website has update showing that I now owe them £251.53 and I currently get under £300 in benefits but the judge said that wasnt the problem of the court. I am now hoping they can accept a payment plan or something but yeah I dont have enough to get me through the month.

DisabledandConfused

Hang on a minute, Their paperwork to me says I owed £281.53 but the judge said they couldnt have the 70 pounds and that they cant charge the interest at a rate of 8% and it had to be 4% so why are they asking me to pay £251.53? This seems really wrong to me but I dont want to appeal in case it costs more but it seems to me they have inflated the amount even though the judge said they couldnt have the £70. This seems really shady to me is there any way to get proof of their actual costs?

Coupon-mad

It should be

£100 PCN

£35 court claim filing fee

£50 capped legal fees

£27 hearing fee

Total £212

and 4% interest on the £100.

why are they asking me to pay £251.53?

Might be right but I seriously doubt the interest is that high. After all their WS calculated it at less than that when they were using an 8% calculation.

(They haven't tried to get the fake £70).

DisabledandConfused

I thought small claims courts didnt incur seperate legal fees? I have looked this up several times and everything seems to suggest that there should not be any legal costs in small  claims courts and that if someone chooses to incur them then they arent recoverable?

Coupon-mad

Nope I listed what the rules are re allowable fees.

And those fees appeared quite correctly in the column on the right of your claim form (except for the hearing fee which was incurred later and is £27).

KeithP

DisabledandConfused said:

I thought small claims courts didnt incur seperate legal fees? I have looked this up several times and everything seems to suggest that there should not be any legal costs in small  claims courts and that if someone chooses to incur them then they arent recoverable?

Too late to be quibbling about that detail.
A Judgment has been made. You now need to pay the sum awarded within the timescale allowed to avoid the Judgment remaining on your credit file for the next six years.

DisabledandConfused

I would really like to do that but im kind of screwed because I am in negatives with my money right now. They may seem like small amounts to you but I get just under £300 a month to live off and im I have already been seeking debt advice and facing bankruptcy so I am trying to find anything I can to get the number more manageable.

KeithP

OK, only you know your ability to pay and maybe agreeing a payment plan with the claimant is the way forward in your case.

But the point remains... the Judge has already stated the amount that you need to pay to Claimant. The time for disputing that has passed.

You are probably aware that there are other parts of the MSE forum that may be able to help you with debt management. It's up to you, but perhaps ask more questions there.

Coupon-mad

DisabledandConfused said:

I would really like to do that but im kind of screwed because I am in negatives with my money right now. They may seem like small amounts to you but I get just under £300 a month to live off and im I have already been seeking debt advice and facing bankruptcy so I am trying to find anything I can to get the number more manageable.

I think @Grizebeck will suggest - in your circumstances - you don't pay it, let the CCJ hit and then just get it written off if you are doing an IVA. Include it in your IVA.

Not my forte but I'd agree.

The other thing is if you let it go to a CCJ no bailiffs will come (as it is under £600) and if you are in a better position later and want the CCJ set aside by consent in a couple of years - if it isn't wiped by bankruptcy in the meantime - CEL normally accept £95 to settle a historical CCJ.

So we would advise (unusually but wholly due to your circumstances) ignore it.

Grizebeck

advise above is correct 
nothing to be scared about as nothing will happen