CCJ Claim - Royal Mail - Credit Style - HLW Keeble Hawson

[mrkipling]

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.

[mrkipling]

Re: CCJ Claim - Royal Mail - Credit Style - HLW Keeble Hawson

Update: I have contacted Credit Style by phone and got the details of the Claims Handler. They also said that they do not accept the above offer and wish to proceed through the courts.

[R0b]

Re: CCJ Claim - Royal Mail - Credit Style - HLW Keeble Hawson

Hello, did you acknowledge the claim? if you did then you have 33 days from the date of issue so this would not have been the last date for filing a defence. However, there is the potential for summary judgment as the Defence contains pretty much a bare denial and lacks anything sufficient except proof that of contract and money is owed - if they have that then they might apply for summary judgment and you are probably likely to lose.

I would very much suggest that an amended to the defence would be required in order to have any chance of defending it as the defence in its current state amounts to pretty much nothing. The cost of amended the defence would be £255.

That being said, if they have acted disproportionately which as you can see in the without prejudice letter and have not considered any offer and the circumstances in which your friend is in then you could refer the matter to the Financial Ombudsman for a decision, which would ultimately prevent a CCJ from being obtained and if your friend accepts the Ombudsman's decision then it becomes legally binding on both parties.

I had just read a case recently where the High Court stayed a claim pending a complaint being made to the Financial Ombudsman. I can see no reason why the same cannot be done in your friend's position since it is a form of ADR and the courts ought to allow the possibility of using ADR and litigation as a last resort. The case was Templars Estates Ltd v National Westminster Bank.

Either way it is looked at, there is probably going to have to be some cost involved either to stay proceedings or amend the defence.

You also say that Royal Mail have instructed Credit Style, is Credit Style the legal owner of the debt or Royal Mail?

[mrkipling]

Re: CCJ Claim - Royal Mail - Credit Style - HLW Keeble Hawson

The paperwork was lost and the claim was not acknowledged, I replied to the court via email.

Since she is on a low income can she not apply for help with the court costs?

As far as I know Royal Mail still own the debt and Credit Style/ HLW Keeble Hawson are acting on their behalf.

Do you not think it is worth asking them to prove the debt?

What should I say in my next letter to them?

[mrkipling]

Re: CCJ Claim - Royal Mail - Credit Style - HLW Keeble Hawson

I have the email for the claims handler and was going to send the following:

Dear ,


I have been told that you are currently the claims handler on this case. Can you please provide me with a response to my offer below.


Additionally If you intend to take this claim to the courts can you please provide me with proof of claim.

[R0b]

Re: CCJ Claim - Royal Mail - Credit Style - HLW Keeble Hawson

It is worth asking for the proof of debt but if they come back with that then the claim fails doesn't it? Is this for a loan or something else?

The reason I ask if Credit Style Ltd are the owners of the debt is because if their name is put down as the Claimant they have no right to bring a claim if it's owned by Royal Mail. It would need to have been assigned to them but there does not seem to be any mention of assignment in the particulars of claim.

If she is on low income then she may qualify for a fee remission, take a look here -> https://www.moneyclaimsuk.co.uk/fee-remission.aspx

[mrkipling]

Re: CCJ Claim - Royal Mail - Credit Style - HLW Keeble Hawson

So shall I ask them for proof of debt and who owns the debt to clarify the situation? Then if they can prove it enter into ADR?

The debt is for Royal Mail postage.

[mrkipling]

Re: CCJ Claim - Royal Mail - Credit Style - HLW Keeble Hawson

So Royal Mail own the debt. Credit Style and their in-house solicitors are acting on their behalf.

I'm unsure how to proceed.

[R0b]

Re: CCJ Claim - Royal Mail - Credit Style - HLW Keeble Hawson

So what sort of debt is it? If Credit Style are actually the Claimant's in this case then you need to question why when the debt is owned by Royal Mail and get some answers.

I would also suggest you look at the fee remission as the only proper way of defending this is to amend your defence and possibly ask for a stay pending a complaint to the Ombudsman. YOu could then complain to the Ombudsman in that your friend has offered a reasonable sum of money to settle but they have failed to take into account the current circumstances.

Once worked otu whether she is eligible for the fee remission then an application to the court would be required.

[mrkipling]

Re: CCJ Claim - Royal Mail - Credit Style - HLW Keeble Hawson

Is there a standard claim for information I can put into credit style?

[nemesis45]

Re: CCJ Claim - Royal Mail - Credit Style - HLW Keeble Hawson

Is there a standard claim for information I can put into credit style?

Good morning,

How was a debt this size accumulate?
Was this a franking machine account?

nem

[mrkipling]

Re: CCJ Claim - Royal Mail - Credit Style - HLW Keeble Hawson

It was a Royal Mail credit account for posting parcels. The business she had was selling items online and posting them via Royal Mail. This is the only debt left from the business. Unfortunately it wasn't a Limited company and it was all in her own name.

[nemesis45]

Re: CCJ Claim - Royal Mail - Credit Style - HLW Keeble Hawson

As far as I know from previous matters Credit Style is a Private Limited Company Core Business Debt Collection there's was |believe a few changes of directors a while ago.
Don't recall any mention of an affiliation with Royal MaIL.

nem

[mrkipling]

Re: CCJ Claim - Royal Mail - Credit Style - HLW Keeble Hawson

Credit Style is a Private company yes. Their in house solicitors HLW Keeble Hawson are part of the same company. They are both acting on behalf of Royal Mail

[mrkipling]

Re: CCJ Claim - Royal Mail - Credit Style - HLW Keeble Hawson

I am about to send them a subject data access request, Is there anything else you think I should mention here:

Dear Sir or Madam
Subject access request

REFERENCES

Please supply all information that both Credit Style LTD, HWL Keeble Hawson LLP and any other agents hold about me. I am entitled to request this inforamtion under the Data Protection Act 1998. Please supply:

• All information you have on file relating to myself.
• All information you have on file relating to the account referenced ______ with Royal Mail
• All information you have on file relating to the account referenced _____ with Credit Style
• All information you have on file relating to the claim referenced ______

If you need any more information from me, or a fee, please let me know as soon as possible.
It may be helpful for you to know that a request for information under the Data Protection Act 1998 should be responded to within 40 days.
I will be requesting that the court hold any further action until this request is fulfilled.
If you do not normally deal with these requests, please pass this letter to your Data Protection Officer. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at ico.org.uk