Overdales CCJ issued advice

nobulltaken · 13 April at 5:54PM

I’m looking for some advice regarding a situation with Overdales that’s now escalated to a CCJ.

The original debt was around £1,800. I made an initial offer to settle at £900 (which I felt was reasonable given my circumstances). They came back with a counteroffer of 70%, but they refused to negotiate beyond that point.

Before any proper back-and-forth could happen or a middle ground could be reached, they proceeded with court action. I’ve now ended up with a CCJ claim issued, and the balance has increased to over £2,000 with added fees.

What’s even more frustrating is that they’re now refusing to enter into any further negotiation to settle out of court, despite my willingness to pay a substantial amount.

I feel like the process was rushed and that there wasn’t a genuine attempt to resolve things amicably before legal action was taken. They have offered 4 instalments to prevent the CCJ from happening but with there fees & court fee on top

Has anyone else experienced something similar with Overdales

AOS submitted 31/3 @ 16:12 claim issued 24/3

Grumpelstiltskin · 13 April at 5:59PM

Didn't you have a letter before action ?

You should have and that would have given you the chance to defend it.

nobulltaken · 13 April at 6:06PM

https://forums.moneysavingexpert.com/discussion/comment/81961429#Comment_81961429

Yes apologies for not including that information, thats where i offered settlement of £900 (they said no 70%)

sourcrates · 13 April at 6:32PM

"They have offered 4 instalments to prevent the CCJ from happening but with there fees & court fee on top"

This is a bit contradictory, you either successfully defend the claim to stop a judgement being recorded, or you lose, and get a judgement in the creditors favour, there`s no middle ground or negotiation, once judgement has been entered, so you either have a CCJ or you don`t, which is it?

fatbelly · 13 April at 6:50PM

I think the op is at claim stage.

Overdales often at this stage offer a Tomlin Order. This is where the claim is suspended provided that you make monthly payments, typically for around 3 years. That is one option.

A second option would be to admit the claim and ask the court to set the instalments by completing the income and expenditure forms.

A third option would be to defend the claim or part-defend the claim. I'd suggest Legal Beagles for help if you want to go that route