Intrim Justitia taking me to court

[hedgey06]

Evening peeps,

 

I'm looking for a bit of advice on a letter I received today if poss please. Had a 'Notice of Intended Legal Action' from Intrim Justitia that states instructions are being prepared for the issue of Court Action against me which may result in the entry of a Judgement.

 

I feel a bit of a numpty to be honest, because this debt was originally with Robinson Way and I was supposed to pay £25 per month. But they cocked up the S/O one month so I stopped it.......... and didn't reinstate it. So they've obviously passed the debt on to this new outfit.

 

I don't despute the debt - it's an old gas/electric account that I couldn't afford to pay off when I switched suppliers. But I'm really worried about this at the moment - I honestly don't know what to do. Should I phone them and try to negotitate some sort of settlement?

 

Thanks in advance if anyone can help. x

[Conniff]

Good heavens hedgey, take you own advice and never telephone them, always in writing.

 

Can't you get the claim into dispute to give you time to have a think?

[PriorityOne]

This reads like a softly, softly letter at the moment Hedgey... Easiest solution is to write to them (rec. delivery), enclosing a payment.... providing you agree with the amount they are asking for. If they have slapped on charges however, then these will need to be challenged.

 

[Ell-enn]

Funnily enough I had an employee bring me a letter from this lot a couple of months ago, she was terrified because she thought the name Intrim Justitia meant it came from a court (it was for an old Sky account). Told her to CCA them and ask for sight letter of assignment.

 

She hasn't heard a word from them since - I guess they don't have the paperwork. I think they rely on the name of the company to scare people into paying....... wonder if that constitutes corresponding in a misleading way?

 

I don't think you'll have much trouble with them, but I certainly wouldn't phone them!!

[hedgey06]

Thanks Conniff. I'm not sure how to go about it to be honest. We've been running around with the kids all day, so I've only just opened the letter and it's gobsmacked me a bit (that's not normally easy to do either!) I'm a bit peed off with myself for forgetting about this - but they want full payment in the next 7 days and I just haven't got it. In fact, there's more chance of finding rocking horse droppings on button moon right now than finding any cash in my purse or bank.

[PriorityOne]

You don't have to pay it in full Hedgey.... a token payment will do. Just don't talk to them on the 'phone, that's all.

 

[hedgey06]

Thanks P1 and Ellen They want just nearly £400 by next Friday and I just can't do it. I don't know if they've slapped any charges on as I'm not sure how much the original debt was................ I think I'd best root around in my cupboard.

[Ell-enn]

Hedgey, don't even think about paying it all in one go - if you ain't got it then they can't have it ... you should carry on with the payments that you had before (if that's how you want to play it), but as the usual advice is to check that they have the right to collect the debt in the first place, perhaps you should do that first and buy some time. Just a thought hun.......

[PriorityOne]

Thanks P1 and Ellen They want just nearly £400 by next Friday and I just can't do it. I don't know if they've slapped any charges on as I'm not sure how much the original debt was................ I think I'd best root around in my cupboard.

 

Chances are they have .... but a token payment will get them off your back while you look into it. They won't like a token payment.... but hey ho.

[hedgey06]

Thanks again gals. I can't send them any sort of payment until next Thursday, but if I send them a response along with a token postal order (special delivery?) that should hold them off from taking me to court?

 

And as for the original debt and how many charges have possibly been added on, would I then do a CCA request and negotiate to pay the actual debt only?

 

Sorry for being a wimp........... it's so much easier giving advice to others than sorting myself out sometimes! x

[Ell-enn]

sequenci or tomterm are your best sources hun... give one of them a shout

[PriorityOne]

Utilities don't come under CCA law Hedgey... which is why I suggested the token payment. I have made token payments for years and although it pees them off something chronic, I've never been taken to court. A judge wouldn't look upon it very well if regular payments are already being made...

 

That doesn't stop you from looking into the unlawful charges side of things... easiest way is to contact the supplier and ask for a statement of account before the account was passed/sold to these guys. Once you have this in writing... you can hit IJ with it and have the balance reduced to its true level.

 

[hedgey06]

Brilliant, that sounds like a plan! Thanks again P1. xxx

[Seahorse]

Aww. Poor Hedgey. AT the weekend too.

 

If you DO CCA them, it's likely to get their back up. I assume Robinson way actually bought the debt? If so, it seems strange they would get IJ in to collect. Oh, I see what the account was originally for. In which case, a CCA may not be applicable. To be honest, I'd try to get into a position where they'd be glad to get ANYTHING. You need to get yourself into a strong negotiating position.

 

SAR Robinson Way, particularly demanding statements which will show what you REALLY owe. You SHOULD get a copy of any agreement that you might have signed relating to the account. As I said, I'm not too sure if a utilities account would be regulated by the CCA, but there must have been SOME sort of contract.

 

If they can't provide any proof of what you owe at all, or their statements are suitably vague, I'd just send them a "take it or leave it" letter, offering what you can genuinely afford. If that's not acceptable to them, I'd be tempted to tell them to shove it entirely. They SHOULD be realistic about it. But sometimes all they want is all or nothing. Or so it seems.

[Seahorse]

HOHO. P1 beat me to it.

[PriorityOne]

I would also ask IJ for a breakdown of the amount that they allege is owed at the same time Hedgey... and evidence of when the account was assigned to them, but not over the 'phone.

 

That way, you will eventually have all your paperwork in front of you.

 

[hedgey06]

You guys are fab in here! I may sound sad, but I've just printed off all the advice that you've all given me tonight ready to start some letter writing tomorrow! Thank you so much everyone. xxx