CCJ Form issued NO Letter Before Action received.

[Apollo14LMP]

Happy Easter All,

I am dealing with a legal matter for my daughter as she has just had a baby and struggling a little ...

I would like some advice if anyone can help - ?

Daughter bought a house and had to use Mortgage Broker last year. Fees were around £2000.00. This has been getting paid in monthly installments in which the broker has insisted - demanded- £250.00 a month which they could ill afford but have managed to pay.

Before Christmas daughter could not maintain paying this sum and told them but they continued with their demands. Missed a payment at Xmas and following the birth of her son in February has not paid since.

This is not good I know there is a balance of £995.00 outstanding - then about 10 days ago she got a CCJ claim form. I told her and have since acknowledged the claim - so I have to put in a defence.

We are not sure of the amount outstanding ... we did not receive a LBA so we want to try to get them to forfeit their costs (£60.00 fees so far). Our goal here is getting the balance settled without getting a CCJ which will harm them for 6 years. They could have waited and got their money which they were getting anyway. There are no contractual terms as it is a fee rather than anything else.

Why the fees were not paid at the exchange I dont know? but some money is owed and must be paid but without the CCJ ! ...

I would like to help her defend and I can sit and complete a response with her which she can sign and duly send off which resolves the issue to satisfaction of all.

As she has a little baby to look after and off work on maternity pay for 6 months I m not sure how this will be best achieved ... mortgage broker seems a little greedy and they have been paying.

Thank you - Happy Easter !!!

[des8]

Congratulations on becoming a grandmother

Trust it's a bonny baby and mum and dad aren't having too many sleepless nights.

Regarding the problem could you please post up (without identification) a copy of the particulars of claim, and any terms and conditions the broker might have given them, or possibly have posted on his website.

Lack of an LBA won't be fatal or necessarily be classed as unreasonable behaviour.
As you are admitting there is an outstanding balance, it will need to be paid within 30 days of judgement if a CCJ is to be avoided, or the case discontinued because earlier agreement reached