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Agreed MKDP Payment, Still Threatened CCJ

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  • Agreed MKDP Payment, Still Threatened CCJ

    I previously had a debt with Lloyds TSB. I had a bank account with them which went over the £300 overdraft limit and then incurred charges. The charges kept getting added on and on and on and on as banks like to do until the sum I apparently owed them was £597. I flat out refused to pay all of that back.

    I called in to my local Lloyds TSB branch and asked them for help. The advisor in the branch said he couldn't help me but put me on the phone with someone who could apparently help me. I spoke on the phone for 45 minutes to an advisor who said that they would reduce the amount "due" on my account by £200 and he would close my account. I was happy with this and said that I would pay the extra £97 over my overdraft because it was initially my fault that I had gone overdrawn.

    A few days later, I started getting phone calls from the bank's "representatives" telling me that that I owed them £597. I told them that I had been into the bank and spoke to an advisor over the phone. I was instructed to either pay or to write to the ombudsman so write to the ombudsman I did.

    I received a 15 page letter back stating that they had listened to "portions" of the conversation and that they did NOT hear anybody say that they would remove some of the debt. After this I ceased communication with the bank.

    This was in 2009.

    A few weeks ago (19th January 2015) I received a letter from Northampton County Court saying that MKDP were claiming £597 on behalf of Lloyds plus court fees of £60. The notification gives you a web address (Money Claim - a Gov UK site) so that you can go on line and dispute the claim. I went on line and stated the above and that I was willing to pay £350 to MKDP. Bear in mind, I have never received a letter from MKDP and so had no way of actually paying them any funds.

    On February 19th 2015 I received a letter from MKDP stating that I had not made contact with them and that JUDGEMENT IS IMMINENT. Obviously, I called (20th February 2015) them to inform them of the dispute I had raised on line. I spoke to a girl who said that because I had done it on line that it goes through the court and not to them where as if I'd have sent the papers back to them they'd have got notification straight away. She told me that her manager would call me Tuesday 24th February 2015 to inform me of what was going on.

    Tuesday 3rd March 2015, I get a missed call from a company called Keynes on behalf of MKDP asking me to call them back.

    I called them back and spoke to a woman called Nicola (that's not really relevant) who told me that my dispute had been rejected but they were willing to offer me a reduced offer of £520 which she wanted me to pay in full over the phone. When I told her I wasn't in a position to pay the full amount, she asked if I would consider entering in to a monthly agreement with them which I said I am willing to do because nobody wants to go to court and have a CCJ against them. She then stated in order for me to accept a monthly agreement, I would have to go on line to the website Money CLaim and retract my dispute and email the court to tell them I have reached an agreement with MKDP. This all sounds above board if a tad dodgy.

    Nicola then proceeded to tell me that as a security measure, in case I defaulted against any monthly payments, MKDP (or Keyens) would place a CCJ against my name which would stay on my credit file for "only" 6 years. So basically, I either pay in full (which I can't), refuse and get a CCJ from court or accept a reduced payment and STILL get a CCJ against my name.

    Surely this can't be right? I have told her that I will have to call them back because I don't want a CCJ against my name, my credit is bad enough as it is without one of those. Surely entering in to an agreement with them shouldn't incur a CCJ.

    Any advice would be much appreciated.
    Tags: None

  • #2
    Re: Agreed MKDP Payment, Still Threatened CCJ

    :bump2:
    I am just giving this a little bump for you and I am sure someone will be along soon with the required ‘smarts’ to help. In the meantime I would advise you not to deal with this lot on the phone. We have all fallen foul of the good old ‘We did not say/promise that’ back out!

    An optimist is someone who falls off the Empire State Building, and after 50 floors says, 'So far so good'!
    ~ Anonymous

    Comment


    • #3
      Re: Agreed MKDP Payment, Still Threatened CCJ

      You need to get them to agree to a Tomlin Order.

      That is an order made by the court with the consent of both parties whereby it is agreed that the proceedings will be stayed providing the debtor keeps to an agreed payment plan.

      It avoids a CCJ but protects the creditor insofar as if the debtor doesn't keep the agreement they can immediately reinstate the proceedings.

      I am sure someone will be able to point you to an example or template.

      Agree that you shouldn't try and deal with it on the phone. Get hold of an email address and send them a draft order asap.

      Good luck.

      Comment


      • #4
        Re: Agreed MKDP Payment, Still Threatened CCJ

        Originally posted by stevemLS View Post
        You need to get them to agree to a Tomlin Order.

        That is an order made by the court with the consent of both parties whereby it is agreed that the proceedings will be stayed providing the debtor keeps to an agreed payment plan.

        It avoids a CCJ but protects the creditor insofar as if the debtor doesn't keep the agreement they can immediately reinstate the proceedings.

        I am sure someone will be able to point you to an example or template.

        Agree that you shouldn't try and deal with it on the phone. Get hold of an email address and send them a draft order asap.

        Good luck.
        A Tomlin order is a court order that stays proceedings as long as you keep to the terms of the order, thus avoiding a CCJ on record.
        Examples are here: http://www.legalbeagles.info/forums/...221#post485221

        Comment


        • #5
          Re: Agreed MKDP Payment, Still Threatened CCJ

          Originally posted by chrisjantzen86 View Post
          A few weeks ago (19th January 2015) I received a letter from Northampton County Court saying that MKDP were claiming £597 on behalf of Lloyds plus court fees of £60. The notification gives you a web address (Money Claim - a Gov UK site) so that you can go on line and dispute the claim. I went on line and stated the above and that I was willing to pay £350 to MKDP. Bear in mind, I have never received a letter from MKDP and so had no way of actually paying them any funds.
          What exactly did you do on the website? Did you say you wanted to defend part of the claim?

          Originally posted by chrisjantzen86 View Post
          On February 19th 2015 I received a letter from MKDP stating that I had not made contact with them and that JUDGEMENT IS IMMINENT. Obviously, I called (20th February 2015) them to inform them of the dispute I had raised on line. I spoke to a girl who said that because I had done it on line that it goes through the court and not to them where as if I'd have sent the papers back to them they'd have got notification straight away. She told me that her manager would call me Tuesday 24th February 2015 to inform me of what was going on.
          The letter in question was a court claim, this isn't just raising a dispute you either admit or defend the claim and whatever you do, it goes through the court. You have 28 days (5 extra allowed for service) to submit a defence, otherwise they can request default judgment.

          I get the impression MKDP are keen on setting this or they wouldn't have written to you, they'd just have requested judgment.


          Originally posted by chrisjantzen86 View Post
          Tuesday 3rd March 2015, I get a missed call from a company called Keynes on behalf of MKDP asking me to call them back .I called them back and spoke to a woman called Nicola (that's not really relevant) who told me that my dispute had been rejected but they were willing to offer me a reduced offer of £520 which she wanted me to pay in full over the phone.
          They obviously thought it would be easy to get money from you or they'd just have gone ahead with the CCJ.

          Originally posted by chrisjantzen86 View Post
          When I told her I wasn't in a position to pay the full amount, she asked if I would consider entering in to a monthly agreement with them which I said I am willing to do because nobody wants to go to court and have a CCJ against them. She then stated in order for me to accept a monthly agreement, I would have to go on line to the website Money CLaim and retract my dispute and email the court to tell them I have reached an agreement with MKDP. This all sounds above board if a tad dodgy.

          Nicola then proceeded to tell me that as a security measure, in case I defaulted against any monthly payments, MKDP (or Keyens) would place a CCJ against my name which would stay on my credit file for "only" 6 years. So basically, I either pay in full (which I can't), refuse and get a CCJ from court or accept a reduced payment and STILL get a CCJ against my name.
          See above about Tomlin Orders, those do not appear either on the CCJ record or your credit file. Bear in mind unlike defaults, CCJs are a matter of public record and anyone can search for them, not just who have access to credit files.

          Comment

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