CCJ threat and letters from Court "HELP!!"

SilverdaleStokie

Too Late...

I received a letter from Stafford Court today to inform me that a Judgement has been issued against me...

Apparently I have made an offer of payment which the claimant has accepted?? My offer was for £350 which was refused?!?

It has also been ordered that I must pay the claimant £500 for the debt plus costs of £125?! No mention of the £250 that Amber have received?

Anybody?!?

It also tells me that if I pay up within one month the judgement will be cancelled!?!?

GeorgeUK

I'm sure you can appeal the judgement. There is a Nxxx form - can't remember exactly what it is called, but not too sure how you would fill it in or how the payment you have already made towards the debt will be dealt with.

Does anyone know how you can find out what the "offer of payment" which they have accepted is? Have they told the court that an offer was made when it it was actually the reduced settlement offer? Anyone know how to find this out?

I suppose you could write to Amber requesting a copy of the offer which you have made as detailed in the court judgement so that you can see what they are referring to as you are only aware of having made a Full and final offer of £350. Not sure what answer you would get to that - if you even got one and within the time limit required.

It could be your email in post 3 that this is because of where you state that your calculations show you owe £494.84

Are the court aware that you made a settlement offer of £350 or that you had paid £250 towards the debt? I'm pretty sure that GPB wouldn't have felt compelled to inform the court of that.

SilverdaleStokie

Well the Judgement is dated the 25th June so it was issued the day before I received my letter off Amber refusing my F&F Settlement...

Looks like GPB just wanted to get it rushed through to bully me into paying the extra £135 costs which it now looks like I have no option but to do :mad:

The only official offer I have made was the letter I sent saying I could and only pay the £350, £250 immeadiately and the other £100 upon their acceptance of the Settlement figure

So it looks like July's mortgage payment wont be made (the first one I have missed in 2years) to try and get it paid and cancelled, maybe after it has been sorted I could make a claim against them for the £135 charges?!

Ive got a month to get this thing off my file as my fixed term on my mortgage is due in Feb and the last thing I need is a CCJ

GeorgeUK

I would try phoning the court and asking about this so called offer you have made and how you can find out what this relates to as you are not aware of it.

As you say, you don't want a CCJ but missing a mortgage payment will also show on your file. I'd try making a few calls to see where this offer came from and what you can do about it.

SilverdaleStokie

Blimmin'eck this is getting farsical now :mad:

GeorgeUK - I took your advice and rang the court, apparently the settlement has come from my "partial admission" plus charges of £125.

I have admitted defeat in this case and need to get the monies together to get it paid within the month so I can get the Judgement "Cancelled".

The only problem I now have is nobody can give me a definate figure on how much I need to pay within the month........

It turns out that Amber have not informed GPB that I have paid £250 (even though Amber are saying GPB were emailed on the 18th June to tell them) plus GPB are saying that the figure in the judgement is wrong?!?

I have spent a good 3/4 hr on the phone to GPB to try and get a figure so I can go begging :rolleyes: to ensure it is paid within the month, but ended up with some bloke shouting at me on the telephone and basically telling me that I need to pay £635 (even though the judgement says £625, and I have paid £280 already) I have rang the court who gave me another number to ring for free legal advice (which I didnt qualify for apparently). I have also rang Amber who have told me I need to discuss the matter with GPB :mad: :mad: :mad:

This is exactly why I am in this whole predicament because NOBODY could give me an answer in September 2005 when I initially first asked for a statement of account!

How do these companies get away with causing people so much stress?!?!

I am now worried that I have T -15 days to get £345 together to clear the Judgement (even though that is from my figures, = Judgement of £625 - £250 Paid to Amber & £30 paid to GPB) and once again because Amber / GPB are draggign their feet, getting a good mortgage in February will be near on impossible because I have a Judgement on my file :mad:

NOTE - I have complained to the FOS in the way in which the account has been handled so fingers x'd somebody somewhere will get a right rollocking :j

SilverdaleStokie

Bump

GeorgeUK

Another bump

And i would strongly advise putting in writing to all 3 parties involved what you have said has happened in the post above.

Amber have not imformed GPB of the £250 payment
GPB have informed you that the judgement amount is incorrect.
Not sure if sending these details to the court will make any difference but you need a paper trail so it doesn't come back to bite you.

I strongly advise contacting the CAB or national debtline for advice.

RAS

Please ring NDL urgently. They are open until 8pm.

There number is listed here http://www.moneysavingexpert.com/loans/debt-help-plan#help

I also think that you need to complain to the FO and possibly the Io regarding their failure to keep accurate records.

Might be worth sending a PM to penguin83 and to debt-doctor

penguin83

God what a nightmare Stokie. I really dont know what to suggest apart from another day of phoning the companies involved to try and get a settlement figure off them that is correct. The court can only accept payment in full and as they havent been informed of the £250.00 payment they wont accept the balance - only the full judgment amount.

Is the part of the claim that you are defending still proceeding as well?

Sorry I cant offer anthing more - I will get my thinking cap on though - whats the date of the judgment? x x

debt_doctor

Hi,

I think your best hope is to attempt to have the judgement based on your admission of part of the claim to be 'set aside' ie never happened and have the whole claim considered by the arranged hearing.

You would apply for this on a form N244, and write on the back under 'statement of truth'

I request that the court set aside the judgement number XXXXXXXXX which was based on a partial admission of the claim.

I ask the court for permission to withdraw the admission under r 14.1 (5) of the cpr and instead to defend the entire claim under r 3.1 (2) (m) cpr.

A hearing has already been scheduled for xxxxxxx to hear the non admitted portion, and I would ask that the entire claim be entered in to at this time.

The reason I have proposed this is because whilst I fully agree that I should pay any monies actualy owed, I have been trying to sort out this situation since 2005, with no helpful response from the creditor. I have, recently paid the sum of xxxxx for which neither the court nor the creditor will take in to account for the settlement of the judgement within one month.

I feel that it is unfair that monies I have already paid in order to avoid court action, which is the duty of both paties to attempt, has left me in a worse position than if I had done nothing.

I also request a stay of enforcement and that the case be transferred to my local court which is xxxxxxxxxxxxx

I thank the court for it s time in this matter.


The set aside comes with a fee of £ 65 ( check for fee remmission ) and you need to know that costs can be awarded against either side. I do not see any other way you could resolve this mess. The alternative is to pay in accordance with the judgement and put it down to a very understandably bitter experience.

Best

DD