£115 fees on £200 Freemans debt? - NOPE **WON**

[veryweary]

Hello,
can anyone advise on a Freemans catalogue debt, now with EOS Solutions . Part of DMP with CCCS from 2004, and paid each month. In 2005 we had to miss single monthly payment in agreement with CCCS due to financial problem.
Whoever was DC for account send us Court Papers which CCCs advised us to return to court with Time to pay request which we did.
Before court date I phoned DC for an explanation as to their heavy handed action and discovered that some of my payments had accidentally went astray in their system. When CCCS confirmed all our other payments had been made, DC said they would stop court proceedings but I would have to pay. £40 for their court costs, even tho it was their error..
We never received any paperwork from the court or otherwise to say any CCJ had been granted on their behalf, so assumed the action was stopped..
Now looking at this debt on CCCS paperwork , it says I started repayment plan with about £200 owing have paid £200 and still owe £115 so somthing isn't right.
Can a CCJ be granted without me knowing If I've lived at same address for many years.
Would I be better doing a CCA or an S. A. R here, or do I just have to accept the costs.?
Thanks

[veryweary]

Hello anyone,
Phoned the court, no CCJ was awarded. The case was dismissed in Oct 2005 and no costs awarded.

I've now repaid the full amount of the debt owing, and don't plan on paying DC admin fees/charges without a fight, but would I have to pay the DC costs of bringing the case to court in 2005?

Just got call tonight, another debt sold on, this time to Cabot Can see another thread looming. But on the bright side found an old phone which records 2 way conversations, so perhaps I'll get some nice friendly helpful converstions recorded.

[Bookworm]

Sorry you didn't get an answer the first time you posted on this, must have slipped through the net.

If the case was dismissed and no costs awarded, it means exactly that: NO costs awarded, so no, you don't have to pay it. As for their fees and what not, if they were pursuing you for a debt that you had in fact paid, that's their problem, and they have no right to pursue you to pay for their mistake. IF they try to go to court, you simply defend with a "I don't owe this money, the charges incurred were due to their administrative errors, I am not liable for a penny of it", and you show proof that you in fact paid everything you were supposed to when when you were supposed to, and voila!

[rory32]

Phoned the court, no CCJ was awarded.

Are you in England/Wales?

[veryweary]

Hello Rory,
No, resident in Scotland, does that change things?.

thanks

[rory32]

I just wondered because you mentioned a CCJ (which is granted in English courts). A decree would be granted in Scotland.

Did you just get the terminology wrong or do you mean that the DCA started to take court action against you in an English court?

[veryweary]

Hello Rory,
sorry about that, think I should have said decree, as case would have been held in Kilmarnock. New to forum and still learning all the terminology.
thanks

[rory32]

Okay, just wanted to make sure. In Scottish small claims up to the value of £200 costs are not awarded at all. So even if the case hadn't been dismissed they wouldn't have been able to apply any costs to the account.

[thomasz]

Now you can solve it, veryweary?

[veryweary]

Called EOS Solutions and queried the account balance. Advisor initially tried to tell me it was charges I had to pay. But armed with info I'd been given above , he soon changed his mind after checking with a legal advisor. Overall the guy was quite pleasant compared to 1stCredit.

I've already partly overpaid this account , so been told they'll send me a refund cheque in the post, together with a letter saying the account is clear. (Recorded the conversation in case cheque doesn't turn up!!)

Small victory and amount of money I know, but for me a success nonetheless. Gives confidence to tackle some others. Many thanks to Bookworm and Rory for excellent advice and another donation on the way when refund arrives..

[IdaInFife]

Well Done

[Bookworm]

Don't you love it when it all comes together.

[rory32]

Well done veryweary. Glad you got it all sorted out