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Hi,
A friend of mine has received a CCJ claim against her and she has asked me to help her. The situation is that she started a small business selling health & beauty products online. The business failed and she is being chased for £6800 + interest and charges by Royal Mail for postage. If she had the money to pay then this wouldn't be a problem however she doesn't have this amount of money.
Royal Mail have instructed Credit Style to recover the debt and the solicitors are HLW Keeble Hawson.
Issue Date: 27/07/16
Amount approx: 6800 + interest and charges
Claimant: Credit Style Ltd
Solicitor: HLW Keeble Hawson LLP
Original Creditor: Royal Mail
Is the debt Statute Barred? No
Particulars of Claim: Please type out in full excluding names/account numbers
Particulars of claim
THE CLAIM IS FOR THE COST OF GOODS SUPPLIED AND/OR SERVICES RENDERED TO THE DEFENDANT AT THE DEFENDANT'S REQUEST AND THE CLAIMANT CLAIMS 6800.00 GBP, ACCOUNT NUMBER 00000000.
LATE PAYMENT SURCHARGE 70.00 GBP.
DATE,INVOICE NO,DUE DATE,AMOUNT,INTEREST 5/10/15,,12/10/15,945.17,58.42 19/10/15,,26/10/15,1410.12,82.83 2/11/15,,09/11/15,1546.49,86.10 9/11/15,,16/11/15,1426.95,77.25 7/12/15,,14/12/15,1231.33,59.10 15/12/15,,22/12/15,108.49,5.02 15/12/15,,22/12/15,29.59,1.37 15/12/15,,22/12/15,3.23,0.15 15/12/15,,22/12/15,98.63,4.56 THE CLAIMANT CLAIMS INTEREST UNDER SECTION 69OF THE COUNTY COURTS ACT 1984 AT THE RATE OF 8% A YEAR FROM 12/10/2015 TO 20/07/2016 ON £8.00 AND ALSO INTEREST AT THE SAME RATE UP TO THE DATE OF JUDGMENT OR EARLIER PAYMENTAT A DAILY RATE OF £1.49.
List any letters you have sent:
She has wrote to them offering two solutions:
"
Without Prejudice
Dear ___,
I would like to offer some options to have this matter settled once and for all.
After trading online and facing some personal tragedies I lost my business and have been left with many debts to pay and a very small income. This leaves me in a very difficult position financially.
Despite this fact I still wish to come to an arrangement with you to settle this debt. The solutions I can offer you are one of either of the following:
1) £200 a month, paid as a standing order until the balance of £6800 is paid off in full.
Terms of this option:
You agree that the CCJ is set aside and no further legal action will be taken.
You agree that no charges, interest or court fees are to be paid above the £6800 that is owed to royal mail.
I agree in return to make all payments on time until the balance of £6800 is paid off in full. 34 Monthly payments of £200
or
2) I am willing to take out a loan to pay you a 50% reduce settlement figure of £3400 to settle the account in full and close the matter. I will be able to arrange this and send you the funds within a maximum of 14 days.
Terms of this option:
You agree that the CCJ is set aside and no further legal action will be taken.
You agree to a 50% reduced settlement figure as full and final settlement of the account and confirm this in writing.
I agree to pay you £3400 within 14 days as full and final settlement.
I must warn you that if we are not able to reach an agreement and you do continue with court action that in the event that you do win the court case I will be forced to file for bankruptcy.
I have no money, no assets and no property at all for you to claim against.
Therefore if you choose to pursue this route this will result in you not receiving any monies at all in relation to this matter.
Please let me know which option you would find more suitable to the situation.
Kind Regards
"
Any Other Info:
The company have not responded to the letter above offering payment.
Today was the last day of the 14 days so I sent a simple reply to the court:
"NOTICE OF DISAGREEMENT OF CLAIM
I have contact HLW Keeble Hawson to find out what this claim relates to and they have yet not responded.
If HLW Keeble Hawson wish to proceed with the claim please provide me with proof of contract and proof that the monies are owed.
"
Today was the last day of the 14 days so I sent a simple reply to the court. It probably wasn't the correct response but I was out of time to reply.
I am unsure of how to defend this claim. I presume the burden of proof is on them. However she does want to pay them but can only afford small monthly payments. Ideally she would agree an affordable monthly rate or a reduced settlement figure that she could pay off with a loan.
Any help with regards to how to proceed with this would be much appreciated. The ideal outcome would be to arrange a payment plan or settlement figure and not to have a CCJ on her file. If they do want the full amount she would not be able to pay.
A friend of mine has received a CCJ claim against her and she has asked me to help her. The situation is that she started a small business selling health & beauty products online. The business failed and she is being chased for £6800 + interest and charges by Royal Mail for postage. If she had the money to pay then this wouldn't be a problem however she doesn't have this amount of money.
Royal Mail have instructed Credit Style to recover the debt and the solicitors are HLW Keeble Hawson.
Issue Date: 27/07/16
Amount approx: 6800 + interest and charges
Claimant: Credit Style Ltd
Solicitor: HLW Keeble Hawson LLP
Original Creditor: Royal Mail
Is the debt Statute Barred? No
Particulars of Claim: Please type out in full excluding names/account numbers
Particulars of claim
THE CLAIM IS FOR THE COST OF GOODS SUPPLIED AND/OR SERVICES RENDERED TO THE DEFENDANT AT THE DEFENDANT'S REQUEST AND THE CLAIMANT CLAIMS 6800.00 GBP, ACCOUNT NUMBER 00000000.
LATE PAYMENT SURCHARGE 70.00 GBP.
DATE,INVOICE NO,DUE DATE,AMOUNT,INTEREST 5/10/15,,12/10/15,945.17,58.42 19/10/15,,26/10/15,1410.12,82.83 2/11/15,,09/11/15,1546.49,86.10 9/11/15,,16/11/15,1426.95,77.25 7/12/15,,14/12/15,1231.33,59.10 15/12/15,,22/12/15,108.49,5.02 15/12/15,,22/12/15,29.59,1.37 15/12/15,,22/12/15,3.23,0.15 15/12/15,,22/12/15,98.63,4.56 THE CLAIMANT CLAIMS INTEREST UNDER SECTION 69OF THE COUNTY COURTS ACT 1984 AT THE RATE OF 8% A YEAR FROM 12/10/2015 TO 20/07/2016 ON £8.00 AND ALSO INTEREST AT THE SAME RATE UP TO THE DATE OF JUDGMENT OR EARLIER PAYMENTAT A DAILY RATE OF £1.49.
List any letters you have sent:
She has wrote to them offering two solutions:
"
Without Prejudice
Dear ___,
I would like to offer some options to have this matter settled once and for all.
After trading online and facing some personal tragedies I lost my business and have been left with many debts to pay and a very small income. This leaves me in a very difficult position financially.
Despite this fact I still wish to come to an arrangement with you to settle this debt. The solutions I can offer you are one of either of the following:
1) £200 a month, paid as a standing order until the balance of £6800 is paid off in full.
Terms of this option:
You agree that the CCJ is set aside and no further legal action will be taken.
You agree that no charges, interest or court fees are to be paid above the £6800 that is owed to royal mail.
I agree in return to make all payments on time until the balance of £6800 is paid off in full. 34 Monthly payments of £200
or
2) I am willing to take out a loan to pay you a 50% reduce settlement figure of £3400 to settle the account in full and close the matter. I will be able to arrange this and send you the funds within a maximum of 14 days.
Terms of this option:
You agree that the CCJ is set aside and no further legal action will be taken.
You agree to a 50% reduced settlement figure as full and final settlement of the account and confirm this in writing.
I agree to pay you £3400 within 14 days as full and final settlement.
I must warn you that if we are not able to reach an agreement and you do continue with court action that in the event that you do win the court case I will be forced to file for bankruptcy.
I have no money, no assets and no property at all for you to claim against.
Therefore if you choose to pursue this route this will result in you not receiving any monies at all in relation to this matter.
Please let me know which option you would find more suitable to the situation.
Kind Regards
"
Any Other Info:
The company have not responded to the letter above offering payment.
Today was the last day of the 14 days so I sent a simple reply to the court:
"NOTICE OF DISAGREEMENT OF CLAIM
I have contact HLW Keeble Hawson to find out what this claim relates to and they have yet not responded.
If HLW Keeble Hawson wish to proceed with the claim please provide me with proof of contract and proof that the monies are owed.
"
Today was the last day of the 14 days so I sent a simple reply to the court. It probably wasn't the correct response but I was out of time to reply.
I am unsure of how to defend this claim. I presume the burden of proof is on them. However she does want to pay them but can only afford small monthly payments. Ideally she would agree an affordable monthly rate or a reduced settlement figure that she could pay off with a loan.
Any help with regards to how to proceed with this would be much appreciated. The ideal outcome would be to arrange a payment plan or settlement figure and not to have a CCJ on her file. If they do want the full amount she would not be able to pay.
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