URGENT CCJ help needed **WON**

[JOSH_IOU]

I have recived a county court claim form from a bank claims company named Chiltern Claims. This company uses the ombudsman.

I signed the contact with them to takemy claims through the stages of the ombudsman. I did this because This was the first time I had handled such a claim.

I sent a cancelation letter to chiltern claims because I found this site and relised I could get more money doing this myself.

And I heard nothing from them until a request from moocowcroft debt recovery came through the post for there funds.

Having dealt with moocowcroft debt recovery before I did not respond to them. As i find them offenceive.

I now have a Form N1 that has been filled against me and I have to respond.

They claim They are claming 553.16 under the late payment of comercial debts (internet) act 1998. and interest in the sum of £14.46

The claim breaks down

Date: Invoice Amount
19/03/2007 £299.63
30/10/2007 Cpa Letter C £13.78
30/10/2007 Cpa Fee £82.25
30/10/2007 Debt Recover £117.50

Can any one help me?

[NitrousOxide]

Are you a business or did you do this under a business name?

[JOSH_IOU]

I did not do this under my trading name its a personal account.

James

[NitrousOxide]

Have a Read
I think you will be pleased

Post the POC up as well.

[JOSH_IOU]

So I should respond saying im not a company as specified under the Late Payment of Commercial Debts (Interest) Act 1998?

[tomterm8]

Do you have a copy of the contract you could post up?

[JOSH_IOU]

Hi tom.

They can be found here.

Chiltern Claims - Personal finance compensation specialist

[JOSH_IOU]

any ideas?

[tomterm8]

I hate to say it, but looking at the contract, it does appear that you are liable for (a) a sum of money up to 17% + VAT of your claim, AND a debt collection fee of £117.50 AND any other legitimate costs they incurred.

You could, of course, try to argue the penalty charge argument with them over letters, and debt collection fees.

[pt2537]

The particulars of claim may disclose an error on their part so if you can post them it would help

as Tom says the contract does provide them the right to recover their costs so it would appear that you are liable

regards
paul

[JOSH_IOU]

The claimant's claim in respect of services rendered to the defendant at the defendants request, full particulars of which has been supplied to the defendant.


DATE Invoice Amount
19/03/2007 299.63
30/10/2007 CPA Letter C 13.78
30/10/2007 CPA Fee 82.25
30/10/2007 Debt Recover 117.50


The claimant also claims collection costs in the sum of £40.00 under the late payment of Comercial Debts Regulations 2002.


And the Claimant Claims


1.553.16


2. Interest calculated up to 20/11/2007 in the sum of £14.46 at the rate of %8 above the bank of england base rate pursuant to the late payment of comerical debts (interests) Act 1998

[Edz11]

They sent you the original bill for nearly £300 to cover the work they undertook. What work did they say they carried out in that bill?

& I think there's a couple of terms which are unfair in that "contract".

[JOSH_IOU]

Just to back up my claim ED.

The only info I have is all in the particulars.

And thats posted in my previous post.

Copied word for wordd

[Edz11]

So they didn't send a request for payment before action saying "we did this and that" and you owe us this much"?.

As pt2537 says - they are entitled to recover their costs - but not to have a stab at how much they are. Is the claimant on the POC Moorcroft or Chiltern?

[NitrousOxide]

He claimed as an individual though.
Those regulations are for claiming from another company who pay late.
You have to be a business in contract with another for those regulations to be applicable.

[JOSH_IOU]

[JOSH_IOU]

I sen this in on the 13/December 2007

Jamesrap vs

Chiltern Claims Ltd

Dear EDIT Judge

In respect of the above claim The Defendant requests that the Judge takes into account the Bellow Request.


Yours Faithfully
Jamesrap


Judge Request:

1. The Claimant must supply evidence that this is a commercial debt under the Late Payment of Commercial Debts (Interest) Act 1998. And guidelines issued by the commercial Court.
2. The claim is stayed on the grounds that the claimants statement of case disclose inadequate particulars of claim. Unless by 4.00pm 24th DEC 07 the claimant files and serves a further statement of case that sets out full particulars of the claim, the claim will stand struck out.