URGENT CCJ help needed **WON**

[JOSH_IOU]

I have recived a county court claim form from a bank claims company named Chiltern Claims. This company uses the ombudsman.

 

I signed the contact with them to takemy claims through the stages of the ombudsman. I did this because This was the first time I had handled such a claim.

 

I sent a cancelation letter to chiltern claims because I found this site and relised I could get more money doing this myself.

 

And I heard nothing from them until a request from moocowcroft debt recovery came through the post for there funds.

 

Having dealt with moocowcroft debt recovery before I did not respond to them. As i find them offenceive.

 

I now have a Form N1 that has been filled against me and I have to respond.

 

They claim They are claming 553.16 under the late payment of comercial debts (internet) act 1998. and interest in the sum of £14.46

 

The claim breaks down

 

Date: Invoice Amount

19/03/2007 £299.63

30/10/2007 Cpa Letter C £13.78

30/10/2007 Cpa Fee £82.25

30/10/2007 Debt Recover £117.50

 

Can any one help me?

[NitrousOxide]

Are you a business or did you do this under a business name?

[JOSH_IOU]

I did not do this under my trading name its a personal account.

 

James

[NitrousOxide]

Have a Read

I think you will be pleased

 

Post the POC up as well.

[JOSH_IOU]

So I should respond saying im not a company as specified under the Late Payment of Commercial Debts (Interest) Act 1998?

 

[tomterm8]

Do you have a copy of the contract you could post up?

[JOSH_IOU]

Hi tom.

 

They can be found here.

 

Chiltern Claims - Personal finance compensation specialist

[JOSH_IOU]

any ideas?

[tomterm8]

I hate to say it, but looking at the contract, it does appear that you are liable for (a) a sum of money up to 17% + VAT of your claim, AND a debt collection fee of £117.50 AND any other legitimate costs they incurred.

 

You could, of course, try to argue the penalty charge argument with them over letters, and debt collection fees.

[pt2537]

The particulars of claim may disclose an error on their part so if you can post them it would help

 

as Tom says the contract does provide them the right to recover their costs so it would appear that you are liable

 

regards

paul

[JOSH_IOU]

The claimant's claim in respect of services rendered to the defendant at the defendants request, full particulars of which has been supplied to the defendant.

 

 

DATE Invoice Amount

19/03/2007 299.63

30/10/2007 CPA Letter C 13.78

30/10/2007 CPA Fee 82.25

30/10/2007 Debt Recover 117.50

 

 

The claimant also claims collection costs in the sum of £40.00 under the late payment of Comercial Debts Regulations 2002.

 

 

And the Claimant Claims

 

 

1.553.16

 

 

2. Interest calculated up to 20/11/2007 in the sum of £14.46 at the rate of %8 above the bank of england base rate pursuant to the late payment of comerical debts (interests) Act 1998

[Edz11]

They sent you the original bill for nearly £300 to cover the work they undertook. What work did they say they carried out in that bill?

 

& I think there's a couple of terms which are unfair in that "contract".

[JOSH_IOU]

Just to back up my claim ED.

 

The only info I have is all in the particulars.

 

And thats posted in my previous post.

 

Copied word for wordd

[Edz11]

So they didn't send a request for payment before action saying "we did this and that" and you owe us this much"?.

 

As pt2537 says - they are entitled to recover their costs - but not to have a stab at how much they are. Is the claimant on the POC Moorcroft or Chiltern?

[NitrousOxide]

He claimed as an individual though.

Those regulations are for claiming from another company who pay late.

You have to be a business in contract with another for those regulations to be applicable.

[JOSH_IOU]

[JOSH_IOU]

I sen this in on the 13/December 2007

 

Jamesrap vs

 

Chiltern Claims Ltd

 

Dear EDIT Judge

 

 

In respect of the above claim The Defendant requests that the Judge takes into account the Bellow Request.

 

 

Yours Faithfully

Jamesrap

 

 

Judge Request:

 

1. The Claimant must supply evidence that this is a commercial debt under the Late Payment of Commercial Debts (Interest) Act 1998. And guidelines issued by the commercial Court.
   
2. The claim is stayed on the grounds that the claimants statement of case disclose inadequate particulars of claim. Unless by 4.00pm 24th DEC 07 the claimant files and serves a further statement of case that sets out full particulars of the claim, the claim will stand struck out.

[JOSH_IOU]

There just quoting the same terms and conditions again.

 

Would this constitute as a full breakdown of charges?

 

Regards Jamesrap

 

 

 

============================================

 

Further To your email of 12 December 2007 to our client we confirm recipt of the same and request that all further correspondence regarding this matter be directed to this office.

 

We enclose a copy of your signed agreement with our client dated 22

January 2007 and a copy of our client letter to you of 19 March 2007

advising of the outstanding balance date.

 

We have detailed a breakdown of the outstanding balance below as

requested.

 

Debt £299.63

Recovery Fee £117.50

Administration fees £96.03

Issue Fee £65.00

Court Costs £70.00

lnterest £14.46

 

Please note that the Claim Form particulars quote collection charge of

£40.00 under the late Payment of Commercial Debts Regulations 2002 and interes that has been calculated at 8% above the Bank of England base rate under the Late Payment of Commercial Debts (Interest) Act 1998.

 

Please note that the Collection charge has been deducted from the balance and we have made an application to amend the particulars to quote the correct interest rate calculated of 8% per annum.

 

[caro]

I suggest that you send a Part 18 request for more information. Did they send you bills before starting the claim?

[rory32]

I sent a cancelation letter to chiltern claims because I found this site and relised I could get more money doing this myself.

 

Did they actually successfully claim for you or did you end up doing this yourself?

[JOSH_IOU]

Hi Rory.

 

Thanks for your post.

 

I canceled the agreement before the ombudsman considered my complaint.

[JOSH_IOU]

i ended up doing that myself

[rory32]

Hmm what exactly are they claiming for then? I suppose they are saying that you breached the contract, but then again they didn't actually successfully claim for you. Just thinking out loud, I don't see how they can successfully claim for something they didn't do.

 

Do you have a copy of the contract?

[JOSH_IOU]

the contract is posted in earlier posts. Sorry i don't want my thread closed.

[rory32]

Sorry I didn't notice. I have now read the contract. Did you send the CPR Part 18 request that caro suggested?

Would this constitute as a full breakdown of charges?

No, it just gives a final figure it doesn't state what work was done or any other details.