Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Jellybeans9
    • By Jellybeans9 12th Oct 18, 5:02 PM
    • 2Posts
    • 0Thanks
    Jellybeans9
    Restons Solicitors- CCJ advice?
    • #1
    • 12th Oct 18, 5:02 PM
    Restons Solicitors- CCJ advice? 12th Oct 18 at 5:02 PM
    Hi,

    I have recently been given a CCJ that was applied for by Restons Solicitors, but I need some advice as to whether they were right to do so or not.

    I won't to go into full detail, but at the end of July this year, I recieved a Letter of Claim from Restons Solicitors, in which they stated that I was required to complete and return the enclosed form within a limited timeframe, otherwise they were going to escalate the debt to a Court Judgement. At this point, I completed and posted the form (admitting to a debt of 396 and offering a repayment of 12/month (I have a very low income)) well within the timeframe given - this was done at the beginning of August. I then waited to receive another letter from Restons informing me of whether or not my repayment offer had been accepted/where to send the money etc.

    After a few weeks, I still had not received any letters and had forgotten all about it. Then, on the 17th September, I received another Claim Form (this time from Northampton Court) for me to fill in my income, expenditure etc. (the same form Restons had sent with their Letter of Claim back in July). At this point, a very close family member had unexpectedly passed away, and so with all the grief and stress of trying to pay for a funeral we could not afford, I just assumed the form had been sent in error. After all, I had already completed one and (to my knowledge) was still waiting to hear back from that. Given all of this, I obviously never thought to contact Restons and question it until yesterday, when I was having a clear out and found the form.

    I intended to fill it out and post it along with a written statement that I had already done so in August. However, yesterday I also received a letter from Northampton Court stating that a CCJ had been granted against me. Immediately, I phoned Restons as I had no idea they had actually applied for the CCJ and so receiving this letter was obviously unexpected. I was under the impression (based on previous correspondence from Restons) that I would receive a letter in the post informing me of their decision regarding my repayment offer, at which point I could then set up a standing order to make repayments. I received nothing from them.

    I explained everything I have just written in this post to the Restons case manager I spoke to, who informed me that they had apparently sent me an email in mid August, accepting the offer and stating the first repayment needed to be made by September 1st, otherwise a CCJ application would be made - I received no such email (I checked both my inbox and my spam folder). I informed the case manager of this, who had nothing more to say other than that as far as they were concerned, the email had been sent. And because I didn't comply with said email, the CCJ went ahead and the only thing I could do is repay the amount in full within 28 days (obviously I cannot afford that).

    Surely Restons should have sent me a letter informing me of their decision before they just assumed that I was ignoring them? Do they have a right to enforce a CCJ against me if I never received the email they claim to have sent?

    I've obviously set up the standing order now that I know it has been accepted, but I'm furious that they never wrote to me to tell me this, as I wouldn't have had the CCJ otherwise.

    Today I received a letter from Restons informing me that since they have had no response from me following the offer of repayment, they have since made an application for a CCJ... this letter was dated the 9th, the same date as the Judgement I received yesterday. In other words, they couldn't send me a letter accepting my offer but could write to tell me they were escalating to a CCJ, even though the CCJ had already been granted! What is more, they are now demanding a further 107 on top of the original amount I admitted to (I'm presuming for court fees etc.).

    Anyway, I really just need some advice as I feel a bit like I've been screwed over by them. I know I shouldn't have let the debt get as far as being threatened with court action, but the point is as soon as that happened, I made an effort to prevent that from happening by responding to the Letter of Claim and offering a repayment plan. As far as I knew (up until yesterday), they had yet to come to a decision about my offer since I had received no further letters in the mail from them, other than the one today. I did not receive an email from them about it, but then I wasn't expecting to either. I knew nothing of their acknowledgement of my offer until yesterday when I was informed that I had unknowingly failed to respond to it.

    Any advice would be very much appreciated.
Page 1
    • sourcrates
    • By sourcrates 12th Oct 18, 5:46 PM
    • 15,570 Posts
    • 14,645 Thanks
    sourcrates
    • #2
    • 12th Oct 18, 5:46 PM
    • #2
    • 12th Oct 18, 5:46 PM
    Hi,

    Debt collectors and their tame solicitors sail very close to the wind where such matters as this are concerned.

    Whatever has gone on before, it is now no longer of importance, i suspect it was there intention to obtain judgement by default all along, proving this was their intention though, is another matter altogether.

    You now have a county court judgement against you, and you have 3 options only.


    Option one,

    Come to a payment arrangement, using court form N245 (application to vary a judgement) if 12 is all you can afford, tell them so, back it up with a copy of your budget, the court will accept this.


    Option two.

    Set-aside application, in your case this is not recommended as you admit the debt, so do not have a Defense, and the cost of application is 255.00.


    Option three,

    Ignore and hope it goes away, but it won`t though, they could escalate to bailiffs, or an attachment of earnings order.

    Option one is your best bet now.
    Last edited by sourcrates; 12-10-2018 at 11:50 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • Just Di
    • By Just Di 13th Oct 18, 8:29 PM
    • 142 Posts
    • 62 Thanks
    Just Di
    • #3
    • 13th Oct 18, 8:29 PM
    • #3
    • 13th Oct 18, 8:29 PM
    on the 17th September, I received another Claim Form (this time from Northampton Court) for me to fill in my income, expenditure etc. (the same form Restons had sent with their Letter of Claim back in July).

    . . . . I intended to fill it out and post it along with a written statement that I had already done so in August.

    . . . . I explained everything I have just written in this post to the Restons case manager I spoke to . . . because I didn't comply with said email, the CCJ went ahead and the only thing I could do is repay the amount in full within 28 days

    . . . . set up the standing order now that I know it has been accepted, but I'm furious that they never wrote to me to tell me this, as I wouldn't have had the CCJ otherwise.

    I feel a bit like I've been screwed over by them.
    Originally posted by Jellybeans9
    You have every reason to feel that way.

    It wasn't personal though, these debt purchasers issues thousands of claims every month. Almost everything is automated and handled by software programmed to do things on certain dates unless the MCOL system places a bar on the computer (if you file a response to the claim form).

    They only thing I can say in an attempt to make you feel better about the situation is that even if you had filled in the I & E which came with the claim form and offered 12 per month you would still have got a CCJ as you would have made an Admission of the debt.

    Will Restons be sending you confirmation in writing of the monthly payment still being accepted? Ask for that (in writing) and then write back and ask them to agree not to seek enforcement of the CCJ if you keep up with the payments "under the circumstances".

    It's not compulsory for the Judgment Creditor (the Claimant) to seek enforcement through the court. If they agree in writing not to seek enforcement while your repayment plan is in progress, at least you'll have a letter for the file if they make any further Application.

    If they do make an Application for a Warrant or an Attachment of Earnings you can apply to suspend that Application pending the decision of any Application to Vary you may make if advised.

    If you're on low or no income then you may be able to get Fee Remission so you won't have to pay for your Application. The CAB should be able to help you with the form filling.

    This is just a suggestion not legal advice since I've not seen the paperwork

    Di
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

148Posts Today

1,512Users online

Martin's Twitter