CCJ threat and letters from Court "HELP!!"

SilverdaleStokie · 10 June 2008 at 9:05PM

GeorgeUK,

Thankyou.... uploaded a scan of the letter I have received and changed the thread title as suggested :rolleyes:

I had an agreement with GPB but sent a cheque (for £250) directly to Amber yesterday just so they know that it is something that I want sorted.

Im just extremely frustrated that "if" I had been supplied with the information when I requested it and I hadn't been hounded with contradicting letters this would have been sorted way back in 2005.

I aren't somebody who is in masses of debt but I do have one or two niggly things that are being dealt with..... Just cant wait until I am in a postition where I have the best credit rating possible and I can get overpaying on the mortgage instead

:j

SilverdaleStokie · 10 June 2008 at 9:11PM

penguin83 wrote: »

Hi Silver - it is proper court paperwork - what has happened is that you have partially defended the claim. This means that they are able to ask for judgment against you for the amount that you have admitted and the other portion of the claim is continuing as a defended claim and it will be decided in court about the part that you are disputing. The hearing fee is paid by the claimant.

Hope this explains a bit - Im in a rush at the mo as I can hear one of the kids are awake so Ill be back shortly to check it makes sense. x x

Thanks penguin...

The thing that is annoying me is I have asked on numerous occasions for a full breakdown of what I owe or a statement but not once has it been supplied, if im honest when I received the paperwork from Northampton Court they were saying I owed XXXX amount which in my opinion did not include the £50 already paid (even though I had no statement to say "what" I owed)

It really, REALLY is getting my back up and could understand it if I had played total ignorance but I have shown willingness to pay "what I owe" and not a figure that, to me seems like it has been plucked from thin air! :mad:

So from here it looks like a-I will probably end up wth a "Judgement" and b-Will end up paying an amount that Amber see fit to pay (including a load of un-neccessary charges etc...)

1canshortofasixpack · 10 June 2008 at 10:44PM

Hi
I dont know if this will help, but I had a loan with amber and then when my troubles hit I made all my creditors an offer for full and final settlement and amber were one of only two that accepted the offer. It was about 66% as i recall.

SilverdaleStokie · 16 June 2008 at 10:07AM

Hello Again....

Could anybody point me in the direction of some sort of letter I could send to Amber to virtually say... "Would you accept XXXX amount and stop the threats" lol

They have sent me a copy of the initial "signed" agreement from when I took the insurance out in August 2003.

Ive paid them £80 & £250 cheque off a "alleged" debt of £625 even though my worked out figure is actually £574.84, so minus the £330 (£80 already paid and the £250 cheque) I now owe £244.84 by my figures (difference of £295, as per their figure of £625) <-- That's a bit erm confusing on the read-back lol.

Just want to avert a CCJ as we want to move in the next year or 2 and a CCJ on file would not help "at all"

and obviously I am showing that I want this sorted without being poked by the iron rod of the courts!

SilverdaleStokie · 16 June 2008 at 10:51AM

Found the following and just about to print off and post...

"Fingers x'd" this will halt everything and it'll be sorted sooner rather than later....

Amber Acc Number – XXXX

We write with reference to the money which you are claiming on the above account.

We can confirm that we are unable to offer to pay the money which we owe in full. However, I can raise £350 (£250 of which is included with this letter) and I want to offer this as an ex−gratia payment in full and final settlement of the account. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that we will be released for any liability.

We also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

Payment can be made within 2 weeks of receiving your written agreement of this offer and method of payment.

We look forward to receiving your reply.

Yours faithfully,

GeorgeUK · 16 June 2008 at 11:17AM

They provided you with a copy of the CCA?
If so, does it have all the prescribed terms?

What about the notice of assignment and statement of accounts?

(Taken from the National Debtline templates)

Dear Sir/Madam

Acc/Ref No xxxx/xxxx

Thank you for your letter of 01-01-2002. We are very disappointed that we seem unable to reach a satisfactorycompromise in this case. As we have already explained, we can only afford £71 per month at the present time. This is the only realistic payment proposal bearing in mind the enclosed personal budget sheet.

You have stated in correspondence your intention to commence proceedings in the county court against us. The commencement of legal proceedings under such circumstances could be counter to the .Overriding Objectives. of the new Civil Procedure Rules. You will be aware that the Overriding Objectives underpin everything the court does. Moreover, paragraph 4 of the Protocols Practice Direction states that in cases not covered by an approved pre-action protocol, the court will expect the parties .to act reasonably... in trying to avoid the necessity for the start of proceedings.

We would suggest that your refusal to accept our offer could be viewed as unreasonable and we would ask the court to consider this matter with reference to the Overriding Objectives.

The offer of £71 is of course still open to you to accept.

Yours faithfully

Edit: I thought you had already sent payment. It may be best to try merging these 2 documents.

SilverdaleStokie · 26 June 2008 at 5:02PM

GeorgeUK,

Thankyou so much for your input....

Received a letter from Amber today saying "Thanks but No Thanks!" :mad:

Quoted below...

Dear XXXX

Thankyou for your recent offer of payment.

Whilst we appreciate the effort you are making to resolve this issue, unfortunately your offer of repayment is not acceptable.

Subsequenctly I am afraid that your offer of settlement has been refused.

The £250.00 received has been taken as an adjustment towards the full outstanding balance, currently being dealt with by Mssrs Geoffrey Parker Bourne and I would ask that you deal directly with them to avoid legal action at this stage.

Yours Sincerely

XXXXXX
Collections Department

Now obviously as I said before I will pay the amount owed (via installments) but I still dispute the fact that charges have been added even though their appointed company "CARS" did not supply the information I requested.

I am extremely concerned that I have a date for a "Small Claims Track" and intend to take it to this stage if needs be to get my point across, what information will I need from Amber to back up my arguement?

Blimmin'eck and here was me hoping my offer would suffice

GeorgeUK · 26 June 2008 at 5:09PM

No effin way should you be putting up with that.

You offerred the amount and stated quite clearly that should the funds be accepted, which they were by cashing the cheque and putting it towards the debt, that they were entering into an agreement that the payment was for full and final settlement. I'll have a look at what the legal standing is on this when i get home but they are taking the wii if they think that is acceptable.

GeorgeUK · 26 June 2008 at 11:21PM

Can't find anything conclusive for this.

Do you know if the cheque was cashed after the letter was signed? If so, then they knew of the offer but chose to take the money, ignoring the terms laid out - deliberately.

It may be that it is the deliberate element that may be your only recourse.
If nothing else, i'd insist that the funds taken should be repaid to you as it was clearly not what you intended them to be used for.

SilverdaleStokie · 27 June 2008 at 4:13PM

Looks like Im just gonna have to pay the whole amount then just to shut them up and stop the threats then :mad:

Dunner fancy the court route as Im sure they'll jsut say "Its your debt and youve gotta pay up!":o

CCJ threat and letters from Court "HELP!!"

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