Hi,

Very quick background before I ask a question....

Unfortunately back in Feb last year ME III Ltd got granted a CCJ against me to which I have been paying £25.00 per month since at the order of the Court.

Today I have received a letter from MC Sols on behalf of ME III advising the following:

''You are currently making payment towards the debt owed to our client.

The concessionary payment arrangement is due to be reviewed

and we therefore request that you contact us within the next 7 days

to discuss your current financial circumstances.

It is important that you comply with this request.

Alternatively, please complete and return the enclosed statement of means form

and make an offer of payment within 7 days.

Our client will consider reasonable offers of payment,

based on what you can afford to pay from your disposable income

and would not require you to pay more than you can afford.

You should also note that our client may be willing to accept a reduced amount for a lump sum payment to settle the debt.''

Am I correct in saying that as the amount I am paying per month was set by the court that I can tell them to get lost? (politely of course)!

I was going to email them and copy the court in to the correspondence

but before I get going would someone more knowledgeable than me

mind letting me know what they think / would do in this situation please?

Many thanks in advance.

No!!! The court ordered £25 and it would have to go to Court again to have an amendment... You pay what the court ordered...

As its a CCJ i would normally say bin and ignore, however, respond back to them saying;

"The £25 PM was ordered by the courts. Any amendment to this Payment Plan, would need to go through them with a Variation Order"

Thanks fkofilee, much appreciated. No problem at all in ignoring them as they fleeced me in the beginning before I came across CAG!

Ive edited my first post. Check it again

Ok no worries - will do - thanks again.

why are they offering a short settlement?

was this a bank account?

lots of these YB bank claims by various DCA have failed in court

through help from CAG.

dx

Hi - not sure why they are offering settlement. This was an overdraft from a YB current account.

I am a lot more aware of how to defend myself now thanks to CAG - they tried to get a ccj for a credit card but failed! There does seem to be rather a few YB claims circulating at the moment and I think most are flawed.

did you ever get all the statements?

not 99% OD charges is the balance?

just puzzled on the settlement.

but anyway

you are well within your rights to tell them to bugger off

I did get the statements and after the judgement was entered against me I just filed them all away. I would say that the OD was mainly made up of charges and I have thought about reclaiming if this would be at all possible but not too sure to be fair.

At the time I started to get into trouble I did try and come to arrangement with YB directly to repay the OD but to be honest they were not very helpful so I closed the account and started banking elsewhere.

I am annoyed with myself for letting ME III fleece me on this but as they say 'you live and learn' (albeit the hard way)!

if these charges were from nov 2009

then you might find BCOBS aligned with hardship

[which you already appear to have alerted YB about] useful

see the BCOBS RBS link

dx

Thanks DX will take a look.

Morning,

Sorry just thought of another question before I fire an email off to them this morning...

The CCJ has not been reported, ie, does not appear on Trust Online or on my credit report - has anyone ever had this happen and if I send an email and this 'ruffles their feathers' would they be able to report it after a year? I have tried searching to see if anyone else has had this happen and can't find any relevant posts.

Thanks in advance for your help.

Are you absolutely definitely unequivocally positively certain that you received a CCJ, as opposed to M C just rattling on to con you into believing one had been granted?

You did receive a claimform, didn't you?

Three things puzzle me -

1. The absence of a mention of CCJ in the extract you quoted from M C letter.

2. Not showing on trustonline.

3. Use of that [offensive] phrase "concessionary payment arrangement". A court's determination doesn't constitute a concession, which comes across more like a favour: rather, it is the judge's assessment of your ability to pay.

Forgive me if I've got the wrong end of the stick.

Oleg

Hi Oleg,

No problem - thanks for your reply. Definitely a CCJ I'm afraid

I received a Claim Form and once the whole process was over I received a Court stamped order to pay the whole amount which I obviously couldn't afford so I sent them my I & E and a request on the necessary form to vary the amount to £25.00 per month. The Court then sent me a Court stamped order stating that from 12th February last year I was to pay said amount.

It is just very strange that nothing is registered (I'm not complaining though).

I have made payment every month by STO and I set it up for 3 days before it is due so as to be certain no payments missed - it is going to take a few yrs to pay off but I just cannot afford to give them more or a lump sum.

Nor should you. Ignore the beggars or tell them whence to transport their carcasses.

I was just clutching at straws in a vain bid to rescue you.

N V , N G

Thank you, much appreciated

Why do you think they haven't registered?

have you checked www.trustonline.org.uk

its normally automatically registered by the court

dx

Hi- I have checked a couple of times - definitely not showing.

that is strange

dx

Well I have just sent them an email advising:

''As my £25.00 per month was an amount ordered by the Court in this matter any change to this amount would have to be subject to a Variation Order direct from the Court?

As you are aware I am making the required payment every month without fail even though my circumstances have deteriorated some what since the date of the original order.

I look forward to receiving a statement of account as soon as possible regarding the payments made as to date I do not appear to have received anything?''

Will keep you posted if anything happens.

Thanks for all the input, it is appreciated.

Hello,

Just to let you know that I have today had a letter from MC advising that the original letter I received was sent in error and they have apologised for their mistake. They have provided a statement of account from the date of the judgement up until this month.

oh dear you caught us out! - ruddy fleecers!

when was the account opened and are there any charges post nov 2009?

dx

it was a YB current a/c OD - the bank account itself was opened at the end of the 80's sometime (can't remember exactly when though as a long time ago!). There would have been charges I'm pretty sure.

I am going to send a SAR off I think to see what they come back with.

SAR to YB