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Hi all.**
Just after some feedback regarding removal or setting aside of a CCJ.
Brief outline of situation.
I'm a sole trader and got into financial difficulty due to personal circumstances and family bereavement.
When I realised that there was no money to pay a couple of work suppliers I contacted them both immediately. The one I have an issue with seemed fine, said no problem.* They weren't going to supply any more materials as I was on "stop" which I agreed was fair.
I agreed with the amount owed, never said I wouldn't pay, just that I would get the balance together asap.
I continued to receive statements from the supplier.* Same balance each month, no interest and no fees. (£850)
On the 28th December 2019 I received a letter from Court Enforcement Services with a bill for nearly £1300 for a CCJ gained back in Nov 2019 for the said supplier!
I knew nothing of the CCJ.* I had received no calls from the supplier, no emails, no letters.* No demands for payment, no final demand, 7 days to pay etc or most importantly, no court paperwork.* Nothing. Just the statements with the same amount on.* I had zero indication they were trying to get a CCJ so in my eyes the CCJ should be removed as a default.
I maybe jumped the gun as i had save approx £400 of the balance and borrowed the rest of my father (which was a last last last resort).* I paid the full original balance to the original supplier by BACS.*
I then emailed the supplier, asking them to remove the CCJ, explained that they had no contact with me, I had kept them informed and they were aware of the situation.*
There response was "tough, if Royal Mail mess up it's their problem not ours."
I have all the email, phone records of calls and texts that i made to them keeping them informed.*
Obviously i have nothing from them because there was nothing sent or called etc.
I filled out an N244 form and also help with fees.* The HWF has been declined and I need to pay £255 to the court.**
My concern is that i pay this to the court and they refuse it i'm in even bigger debt.
I've asked again for the supplier to remove it and they've refused point blank.*
I've had statement off them up to and including December 2019.**
I spoke with national debtline who basically said I'm stuck as I've admitted the debt is mine, but my argument still is the took no pre-action protocol, made no effort to resolve it, I couldn't defend it because I didn't know about it and as soon as i found out about it i paid the original balance.**
Plus the statements I received didn't suggest fees or interest were being added.
Court Enforcement Services still want another £600+ off me which I really don't feel is right.
Also if I am successful, can I claim the fees back off the original supplier?
I feel quite quite stuck at the moment.
Any help or advice gratefully received.
Just after some feedback regarding removal or setting aside of a CCJ.
Brief outline of situation.
I'm a sole trader and got into financial difficulty due to personal circumstances and family bereavement.
When I realised that there was no money to pay a couple of work suppliers I contacted them both immediately. The one I have an issue with seemed fine, said no problem.* They weren't going to supply any more materials as I was on "stop" which I agreed was fair.
I agreed with the amount owed, never said I wouldn't pay, just that I would get the balance together asap.
I continued to receive statements from the supplier.* Same balance each month, no interest and no fees. (£850)
On the 28th December 2019 I received a letter from Court Enforcement Services with a bill for nearly £1300 for a CCJ gained back in Nov 2019 for the said supplier!
I knew nothing of the CCJ.* I had received no calls from the supplier, no emails, no letters.* No demands for payment, no final demand, 7 days to pay etc or most importantly, no court paperwork.* Nothing. Just the statements with the same amount on.* I had zero indication they were trying to get a CCJ so in my eyes the CCJ should be removed as a default.
I maybe jumped the gun as i had save approx £400 of the balance and borrowed the rest of my father (which was a last last last resort).* I paid the full original balance to the original supplier by BACS.*
I then emailed the supplier, asking them to remove the CCJ, explained that they had no contact with me, I had kept them informed and they were aware of the situation.*
There response was "tough, if Royal Mail mess up it's their problem not ours."
I have all the email, phone records of calls and texts that i made to them keeping them informed.*
Obviously i have nothing from them because there was nothing sent or called etc.
I filled out an N244 form and also help with fees.* The HWF has been declined and I need to pay £255 to the court.**
My concern is that i pay this to the court and they refuse it i'm in even bigger debt.
I've asked again for the supplier to remove it and they've refused point blank.*
I've had statement off them up to and including December 2019.**
I spoke with national debtline who basically said I'm stuck as I've admitted the debt is mine, but my argument still is the took no pre-action protocol, made no effort to resolve it, I couldn't defend it because I didn't know about it and as soon as i found out about it i paid the original balance.**
Plus the statements I received didn't suggest fees or interest were being added.
Court Enforcement Services still want another £600+ off me which I really don't feel is right.
Also if I am successful, can I claim the fees back off the original supplier?
I feel quite quite stuck at the moment.
Any help or advice gratefully received.
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