Good Afternoon
A few years ago I took out a payday with lending stream (I've tried the irresponsible lending complaint to no avail). I'd moved house a few times and I eventually found an email from AS&I with a copy of the claim form on in my junk folder. They had my new address but it wasn't the 'primary' one so nothing was sent to me here. However, they did send me a copy of the claim form after I've contacted them. The amount including court fees etc... is £680 and I sent them an email and clearly put 'without prejudice' and offered £400 to make it all go away and avoid a CCJ. They declined the offer and said they can't stop court proceedings unless I pay £600 - I figured for £80 I would wait it out and see what happens. I've saved the £680 so I can make the payment if the court rules against me and avoid the CCJ.
However, I've received a letter from the court saying 'IT IS ORDERED THAT -Upon non-compliance with the Order dated XXXXXX 2018 in that the hearing fee has not been paid. The claim is struck out and the hearing is vacated.' I understand that they can appeal this and get it back on track but I believe this will be costly for them?
My question is about the next course of action - Should I offer to pay £400 again in the hope they'll take it to avoid any further costs, or should I wait and hope they don't appeal? (The loan isn't statute barred for a few years).
A few years ago I took out a payday with lending stream (I've tried the irresponsible lending complaint to no avail). I'd moved house a few times and I eventually found an email from AS&I with a copy of the claim form on in my junk folder. They had my new address but it wasn't the 'primary' one so nothing was sent to me here. However, they did send me a copy of the claim form after I've contacted them. The amount including court fees etc... is £680 and I sent them an email and clearly put 'without prejudice' and offered £400 to make it all go away and avoid a CCJ. They declined the offer and said they can't stop court proceedings unless I pay £600 - I figured for £80 I would wait it out and see what happens. I've saved the £680 so I can make the payment if the court rules against me and avoid the CCJ.
However, I've received a letter from the court saying 'IT IS ORDERED THAT -Upon non-compliance with the Order dated XXXXXX 2018 in that the hearing fee has not been paid. The claim is struck out and the hearing is vacated.' I understand that they can appeal this and get it back on track but I believe this will be costly for them?
My question is about the next course of action - Should I offer to pay £400 again in the hope they'll take it to avoid any further costs, or should I wait and hope they don't appeal? (The loan isn't statute barred for a few years).
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