Attempting a CCJ

[UK-Guy]

Re: Attempting a CCJ

Okay

So options wise, as you don't have a specific defence, only the complaint procedure issue, is to go back to them with that offer ( probably slightly more) over however many months and ask it to be set up under a Tomlin Order - this would mean the claim remains on hold in court while you make the payments - if you default they can then get judgment ( so a form of security for you).

I can't see you had another defence with the original debt or anything, simply change in circs meant you couldn't keep up payments and you've been paying 'token' amounts for a period which means it won't go statute barred. However it is nearly off of your credit file, so a CCJ would be a right pain in the bum for another 6 years.

That is JUST my thoughts though okay xxxx

Right this is the single most arrogant company Ive ever dealt with!! Ive offered them the amount they wanted for the full and final when the question was first asked a couple of months ago. The figure they agreed to settle on they are now refusing and stating it needs to go through the court process. This is crazy can they really behave in this way?

[Amethyst]

Re: Attempting a CCJ

Sadly yes.

What are you offering them, a lump sum or monthly payments?

[UK-Guy]

Re: Attempting a CCJ

Sadly yes.

What are you offering them, a lump sum or monthly payments?

I was making monthly payments and then wanted to clear the debt in a full and final. Made an offer and they made a counter offer of £1300. Made another offer and this is when they started the "we are not putting that offer through to our clients" so hence i followed their complaints procedure to raise the complaint. They then decided to issue proceedings when I mentioned about the ombudsman (as per the complaints procedure). This is when their arrogance started and they have now even stated that the £1300 is not acceptable and that they will not discuss it further and it will go to court. In any other area of life this would be classed as bullying. Follow their complaints procedure, they decide they dont want to, issue proceedings and then shut up shop!

[Amethyst]

Re: Attempting a CCJ

I was making monthly payments and then wanted to clear the debt in a full and final. Made an offer and they made a counter offer of £1300. Made another offer and this is when they started the "we are not putting that offer through to our clients" so hence i followed their complaints procedure to raise the complaint. They then decided to issue proceedings when I mentioned about the ombudsman (as per the complaints procedure). This is when their arrogance started and they have now even stated that the £1300 is not acceptable and that they will not discuss it further and it will go to court. In any other area of life this would be classed as bullying. Follow their complaints procedure, they decide they dont want to, issue proceedings and then shut up shop!

Okay.

Maybe put the offer differently - say something like my IE sheet shows I can only afford payments of £50 a month and I expect this to be the amount ordered by the court should you succeed in your claim and obtain a County Court Judgment - however I am able to raise funds from xxxxxxxxx to make a full and final settlement offer of £1300 on condition we agree and put in place a Tomlin Order....
something like that.

[UK-Guy]

Re: Attempting a CCJ

Thats what I have done. Ive explained if it went to court they would get a nominal amount of about £30 a month however I could borrow some and make a full and final payment today of £1300. Their response is that they are not accepting it, its under the court process and they refuse to discuss it any further

[Amethyst]

Re: Attempting a CCJ

and how much is the claim for?

[UK-Guy]

Re: Attempting a CCJ

An amount of £2400 but with interest and court fees the total is £3600

[Amethyst]

Re: Attempting a CCJ

Okay. As they seem to have their case sorted out and will very likely obtain judgment if it goes to court a 50% settlement isn't going to cut it I'm afraid. You're looking at maybe £2.4k f&f cash, or your £1300 plus £50 a month for 40 months to get a Tomlin and avoid the CCJ.