balance under review??

[nik1982]

Hi there,

yesterday I received a letter from the debt collection company (Shoosmiths) working on behalf of Tesco personal finance to inform me that, despite having a ccj issued in 2009 (which I have consistently adhered to) they require me to fill out an income and expenditure form to review my payments. Following advice from a debt helpline, I was advised to contact them collection agency to request a balance in the hope that I may be bale to offer them a lump sum to clear the debt.

Having just done this I have been informed by Shoosmiths that they cannot give me a balance amount as my balance is 'under review'. They also cannot give me a timescale for when I receive information about the balance, despite my having only 14 days to complete the income and expenditure form.

This all seems a little 'convenient' in their favour to me- surely a balance is a balance, I have paid x amount off of this so they should have a list with my payments and charges attached to my account shouldn't they? How can they 'review' a balance? And not to be able to let me know when this balance will be available to me seems as though they are stalling for me to complete the income and expenditure form.

Has anyone else had dealings with this company or experienced anything similar please? Any advice would be greatfully received

 

Thanks in advance

[havinastella]

Don't do anything except pay as you have been.

 

Do NOT sent Shoo's anything, they are not entitled to it.

[nik1982]

will I not put myself at risk of being dragged back through court and therefore racking up further court fees if I don't send the paperwork back within the 14 days? I was hoping to offer them a lump sum and borrow the amount off of family members to get rid of them x

[havinastella]

You have a court order telling you how much to pay. If Shoo's want to change this they HAVE to take you back to court, If you have been paying the amount on the order, they won't win.

 

Should you want to point out the error of their way, that's up to you. Something simple, 'I am paying the court order as stated and will not be sending you any information'

Edited January 22, 2016 by Andyorch
edited

[nik1982]

ok - that's great - thank you for your help

really appreciate it, I did think that as the amount was set by the court and I've never missed a payment it seemed odd that they could send this but was concerned about the consequences if I argued it

[citizenB]

They should be sending you a statement at least once a year, if not twice. Do you have a copy of the Judgment and what exactly does it say about repayments ? Does it mention reviews or that you pay £x amount until such times as the Judgment debt is repaid

 

I think your response should be that you are adhering to the terms of the Judgment and that you look forward to receiving a copy of the statement once they have completed their review !

[nik1982]

I've not had a statement since 2013, I have a copy of the judgment (which shows the name for payment as Incasso who were responsible for the debt on behalf of Tesco at the time) - it simply states that I must pay the claimant a total of £7130.63 by instalments of £36 per month, the first payment to reach the claimant by 21 sep 2009 and on o before this date each month until the debt has been paid. It does state that if the claimant or I were unhappy with the payment fixed, we had 16 days in which to apply but obviously that would have expired in 2009.

Shoosmiths have never sent me a statement since taking the debt on in 2014, I had paperwork requesting the payment be made to them with details for payment and a letter from incasso informing me of the change of company but never a statement or anything to tell me what my balance now lies at?

Many thanks

[Sidewinder]

As stated, ignore the request. They cannot do anything if you don't reply and provided that you pay the court-determined amount.

 

If they get persistent simply inform them that your financial situation is unchanged but that if you wish to review the payments you will be in touch with them!

 

Several DCAs do this - Carters did it to me once and it was that which switched me on to CAG. They increased my payment by 10% so I did some research and soon discovered they had no CCA for a £5k debt. They shouldn't have been so greedy!

[tezza1234]

Is it possible to get a CCJ cancelled even after say 2-3 years since it has been issued if new evidence comes to light eg no CCA or shady details in SAR