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Silverback Law court and ccj

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  • Silverback Law court and ccj

    Hi,

    I am new on here and hoping someone might be able to give me some advice. I have a debt that has been passed to Silverback Law to deal with and I received a ccj court form from them earlier in spring which I defended on the basis that the charges being added were not fair.

    i should have dealt with this much sooner, but took advice as the court case for this is now looming within the next few days, and was told that I should write to them and offer to settle out of court in monthly instalments by way of a consent order to avoid a CCJ as my advisor thinks it is likely that they will win.

    The came back and said that their client accepts the offer to pay this way, but that the legal costs would need to be added to it to agree to this. They claim that over and above court costs, these legal costs are £1200 on a debt that was originally £1500.00.

    i have been looking online and wrote back to them saying these costs are highly disproportionate and that after taking advice, I have been told that parties are liable for their own legal costs in the small claims track regardless of winning or losing.

    They say that this is incorrect as I have behaved unreasonably by defending without much hope of winning, and that they are entitled to claim all costs on behalf of their client if I want them to agree to a consent order. If I do let it go to court then the will claim these costs anyway.

    i would be so grateful if someone could confirm if this is the case. Should I agree to pay these costs to avoid the case going any further in court? If I do, they have agreed that I can pay off this debt by monthly instalments.

    thank you in advance for your help.
    Tags: None

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SHORTCUTS


First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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