IND Last letter - Now County court claim form

[bigdude007]

OK Court is coming up at a fair rate of knots.

I received their pack a week after I sent my witness statement. I think I will be bringing that to the courts notice, every date that has been set down by the court has been ignored by SOS.

In their pack that they sent me it says that I requested documentation but nowhere on it did I say I didn't owe money to the company. After the date and before the Dear Sir I had put "I do not acknowledge any debt with your company".

They have also said they didn't receive my aq, which I emailed to them.

Finally they say my defence isn't CPR compliant and in any event the issues raised by the defendant does not put forward a positive denial of liability, which is not capable of illustrative answer to contents of pack 1 but only relates to a question of quantum.

All greek to me

[bigdude007]

To avoid going to court I'm going to offer to pay the original debt amount without the interest that they have piled on plus costs.

Fingers crossed they will accept this and it will not go any further, if they disagree then there is no choice but to carry on to court

[citizenB]

You should word your letter carefully.

 

Something like..

 

"In order to save court time and further costs, I am offering to pay.. etc, etc. "

 

Do you have a court date yet ?

 

Most claimants do send letters such as you have received - they try to dissuade the defendant from, defending by blathering on about costs and non compliant defences, etc.

 

However, courts do expect the parties to attempt to resolve their issues and so avoiding the necessity for a court hearing. So at least you can say that you tried to resolve this if they reject your offer.

 

You certainly shouldnt be paying any default charges (so do you know what amount has been added?) You dont want to end up paying any of their costs to date either.

[bigdude007]

Received a reply to ,my letter which I stated that I would pay the original debt amount.

They have returned saying they will accept plus the court fees and other expenses incurred.

But no amount is printed on the letter, so if I agree I could be agreeing to a huge amount of money.

Going to ring them now and find out what they think the total will be.

[bigdude007]

Spoke to sos and this is what they want from me to settle the debt.

Trace fee

summons cost

allocation cost

hearing fee listing

solicitor fees

original balance of debt.

Court is monday so this is all 11th hour stuff

[citizenB]

Why would they need to trace you - when the debt was sold to them, the information would have been given to them.

 

Is this a small claims hearing ?

[bigdude007]

Yes small claims track

[citizenB]

So costs will be limited anyway.

 

I will flag for andyorch see what he has to say.

[bigdude007]

This is the letter I sent them, amounts have been changed.

In order to save court time and further costs, I am offering to pay the original amount incurred on the credit card account of £2000 paid in installments of £300 a month with the first month being a payment of £400. Unless default charges have been added to the account which through arrangements between both parties the proper amount owed can be worked out and paid off.

I hope that this is an arrangement that both parties will be satisfied with.

Now with all the extras that they want to put on it is £400 extra on the debt.

Bit of a sob story but suffering from pnuemonia at the moment and have been for the last few weeks, hence the hospital visit and I aren't going to be paid for this time off work. I'm exhausted and ready just to pack in and pay them there blood money.

If I pay the original debt with all the default charges on, am I able to claim them back from the original lender?

[citizenB]

TBH, I dont know how difficult it would be to reclaim the charges from the original lender - but you should be able to do it.

 

However, at the end of the day - the current claimant is demanding money to which they arent really entitled to by way of those charges. It seems very unfair.

 

When you do you need a response by, I have alerted andyorch on your behalf.

[bigdude007]

End of play today. The SOS is in his office until half 5, but sooner rather than later. PDQ in his words

Wants an email saying I agree to paying the original debt, plus the out of pocket court fees and other expenses (so all the ones I listed above).

The wife is saying just agree and pay as it's about £500 less than what they will be chasing in court.

[citizenB]

I think this is a decision that only you can make - insist that you receive this in writing that it will end the claim hearing and any further contact from them - if you are going to accept.

[AndyOrch]

Spoke to sos and this is what they want from me to settle the debt.

Trace fee Erm no!!

summons cost Ok

allocation cost Erm no!!

hearing fee listing Erm No!!

solicitor fees (only the fee listed on the summons)

original balance of debt. (subject to your FFS)

Court is monday so this is all 11th hour stuff

 

Hi BD

 

The above is what is considered appropriate in settlement if they refuse then personally I would proceed...unless its vital you don't attain a CCJ.

 

Regards

 

Andy

[bigdude007]

Cheers Andy.

Got that slightly late as I just sent an agreement to pay their ridiculous costs on production of receipts.

Banged on £250 + VAT for an agent to appear at court on Monday.

I've been stitched up like a kipper, but had to do it as I don't have the energy to carry on.

So many more waiting in the wings to deal with as well, but at least this is all my money now being paid out so they won't be able to take anymore off me

[AndyOrch]

Pity...... they instigated the claim at their cost..... if they had been more amicable and tried to mediate without the need for litigation....but then again sadly they don't purchase debts to do that...for profit or to secure by way of a Charging Order is their only intention.

 

Check with the Court that they have vacated the hearing and withdrawn the claim before releasing payment.

 

Andy

[bigdude007]

I appreciate all the input I've gotten off the forum, you've been a great help but unfortunately I bent under the pressure. Oh well, at least I'll never have to think about it again in 10 months time.

Cheers again guys