Claim form - Debt collection - Help URGENT!!

[malcolmdgama04]

1. Hi,
   
   i received a claim form a couple days ago for a debt which has already been paid( 22nd of january and 30th January 2014) . £524.15 ( proportion relating to the prior owner and a proportion relating to me.
   
   I need some advise on how to deal with this issue. The debt related to a a service charge relating to a leasehold property i purchased in march 2013. The management charge related to the previous owner as it was for the period they were in the property. The management company insisted that i had to pay it as i was the new owner.
   
   I disputed the charges, but tried to get the matter sorted with the sellers solicitors in December 13- January 14. When i wasnt able to do this i agreed to pay the charges to get the management company of my back and i could investigate this and get legal advise at a later stage.
   
   I then paid the charges relating to me on the 22nd January 2014 ( majority of the balance) and requested that the remainder setup in monthly installments. They didnt get back to regarding the monthly installments I then managed to get the remaining fund and paid that on the 30th January 2014. I then received a claim form on the 31st January stating that the claimant was starting legal proceedings for the whole amount.
   
   could you please advise how to deal with this
   
   Kind Regards,
   Malcolm D'Gama

[Amethyst]

Re: Claim form - Debt collection - Help URGENT!!

You should be able to respond to the claim form saying it has already been paid.

What if I have already paid the amount claimed?
If you believe that you have already paid the claimed amount, complete the defence and counterclaim form and send it to the court. The court will then pass on a copy to the person making the claim who now has two options. Either they will agree that the money has been paid and will not take the matter further, or they will continue the claim as a defended claim.
Remember, if you paid the money you owed after the date of service (that is, the date you received the court papers) the person making the claim may still be claiming money for the court fee or other expenses. Check the claim form for details of what they are claiming.

[malcolmdgama04]

Re: Claim form - Debt collection - Help URGENT!!

I have paid the debt, except the interest, solicitor costs and court costs ?

[Amethyst]

Re: Claim form - Debt collection - Help URGENT!!

You received the claim on the 31st - can you see the date it was submitted to the court ? It is usually 5 working days which would be 24th ish. If you paid most of the debt on 22nd they may well have already sent off the claim form (was it through Northampton bulk centre?) in which case you may be liable for the court costs but mainly your defence is that you have already paid and the dates and method of payment.

[malcolmdgama04]

Re: Claim form - Debt collection - Help URGENT!!

I was in communication with them on the 22nd .. And i agreed to pay the disputed charges. I needed a monthly installment setup for the debt that didnt relate to me. They ddint get back to me. The issue date from the court is the 24th. It was the northampton court.

Is it worth defending ? What does this do to my credit rating if i loose ? would i need to pay the solicitor charges too ?

[Amethyst]

Re: Claim form - Debt collection - Help URGENT!!

As you have paid the debt, before they bought the claim, then yes of course it is worth defending. Presumably your offers were in writing and you have copies?

If you did admit (rather than defend) and pay the court fees etc then so long as you did that within I think 30 days then no record would be made on your credit file or judgment register.

As it is northampton they would have submitted the claim online so there's no doubt that they submitted the claim AFTER you had made at least that first payment so I'd say defend as already paid, but up to you.

Actually I think there is a tick box when you log into MCOL using the password details on the N1 form which allows you to say 'this debts already been paid'...but it is a fair while since I have been on there so could be imagining it.

[mystery1]

Re: Claim form - Debt collection - Help URGENT!!

Phone the creditor and tell them to withdraw or it'll cost them. Get confirmation in writing.

Do file the AOS though as they might take a few days to write to you.

M1

[Amethyst]

Re: Claim form - Debt collection - Help URGENT!!

Or do that xx

[FlamingParrot]

Re: Claim form - Debt collection - Help URGENT!!

I was in communication with them on the 22nd .. And i agreed to pay the disputed charges. I needed a monthly installment setup for the debt that didnt relate to me. They ddint get back to me. The issue date from the court is the 24th. It was the northampton court.

Is it worth defending ? What does this do to my credit rating if i loose ? would i need to pay the solicitor charges too ?

If you lose you get a CCJ which stays on file for 6 years, however, it can be wiped off the record if paid within 28 days. You say you've already paid this debt, that should be enough to successfully defend it.

As for solicitor charges, if you are referring to the ones mentioned on the claim form, then they would be included in the total amount claimed, so the CCJ would include those. Otherwise costs are normally not awarded in the small claims track.

[malcolmdgama04]

Re: Claim form - Debt collection - Help URGENT!!

Thanks for the messages.

I have paid was was due by me. This exlcudes the solicitor costs, court cost and interest applied on the claim form.

I made a payment for a bulk of it on the 22nd january 2014. and had requested the remainder to be setup on monthly installments. they never got back to me. I then paid the remainder on the 30th janaury 2013 after hearing nothing from them.
the claim form issue date is the 24th January 2014.

sorry What is an AOS ?

Thanks
Malcolm D'Gama

[CleverClogs]

Re: Claim form - Debt collection - Help URGENT!!

sorry What is an AOS ?

Acknowledgement Of Service

HTH

HAND

[FlamingParrot]

Re: Claim form - Debt collection - Help URGENT!!

Thanks for the messages.

I have paid was was due by me. This exlcudes the solicitor costs, court cost and interest applied on the claim form.

I made a payment for a bulk of it on the 22nd january 2014. and had requested the remainder to be setup on monthly installments. they never got back to me. I then paid the remainder on the 30th janaury 2013 after hearing nothing from them.
the claim form issue date is the 24th January 2014.

When did you receive the claim? On Feb 6th you posted you had received a claim 'a couple of days ago'. Surely it wouldn't have taken 10 days to arrive if it was issued on Jan 24th

i received a claim form a couple days ago for a debt which has already been paid( 22nd of january and 30th January 2014) . £524.15 ( proportion relating to the prior owner and a proportion relating to me.

[CleverClogs]

Re: Claim form - Debt collection - Help URGENT!!

When did you receive the claim? On Feb 6th you posted you had received a claim 'a couple of days ago'. Surely it wouldn't have taken 10 days to arrive if it was issued on Jan 24th

Perhaps it was delayed by the recent floods?

[malcolmdgama04]

Re: Claim form - Debt collection - Help URGENT!!

arrived on the 31st of jan

[FlamingParrot]

Re: Claim form - Debt collection - Help URGENT!!

arrived on the 31st of jan

That's good news, because even if the claim was ISSUED earlier, you'd have no way of knowing it had been issued, and you paid THE DAY BEFORE, i.e. by the time you received it, you have already paid the debt. I'd say that should be enough. :thumb:

I then paid the charges relating to me on the 22nd January 2014 ( majority of the balance) and requested that the remainder setup in monthly installments. They didnt get back to regarding the monthly installments I then managed to get the remaining fund and paid that on the 30th January 2014. I then received a claim form on the 31st January stating that the claimant was starting legal proceedings for the whole amount.