Eddisons/Incasso, Claimform - services charges *settled before court but i won £400 costs again incasso!!)

[rennuz]

Hi all,

 

Wondering if you can help point me in the right direction, I have a bill of £1080 with Incasso, basically for services charges on my flat, it was rented out at the time and I was in Malaysia working so simply forgot to pay. I tried to deal with the management agent but they were hard work and she definetly took pleasure in instructin Incasso and also adding £100 on to it for admin fees, incasso have also added £70.

 

Now incasso wanted it initally paid in 3 mths, I said I couldn't then it was 6 mths £180 per month. I said I could not afford it and offered £80 they said no and asked for income expenditure. This showed that I over spent by £400 per month they told me to reduce clothing to zero and food to £40 per week, fair enough this still left a £250 shortfall but they said I could now pay them instead with this money, I told them this was on credit. They said that they think I can afford £180 based on my income and expenditure, I asked them to confirm what they said over the phone in writing but they refused.

 

They have said pay £180 per month no negotiation or they will instruct legal proceedings. What will that achieve and what will it cost, why won't they just accept my offer? Also if you went into a DMP surely they would not go to court then would they? Will I just have to pay the amount they are asking for? I cannot have bad credit against me and do not want to go to court.

 

They were a nightmare on the phone with me and are just saying no to everything I am trying to pay but what can I do???

[Nottsdave]

Dont worry Rennuz, theres lots on here that will help you, first thing is to stop talking to them on the phone insist that everything is in writing from now on.

They will try to bully you into paying more than you can afford, thats why writing only from now on.

 

Some one with more exp will be along shortly to advise you further.

 

Notts

[Pinky69]

You did not have to give them income and expenditure details - they have no legal right to ask for them. Only charges that are listed in your service charge contract can be asked for and Incasso cannot add £70 to what you owe. You have a choice. You can either pay them what they are asking per month or pay what you feel you can afford. Be careful that not paying the service charges on time is not a breach of your lease. They will accept what you have to offer but will keep putting pressure on you to pay more. Tell them that is all you can afford and that's your last word on it. You are in charge of paying this, not them. If they do take you to court, the court will not order you to pay more than you can afford. Make sure your future budget include the service charges.

[rennuz]

I will happily say that and pay £100 per month but they say if they do not get £180 per month then they are instructed by their client to take court proceedings and I will have to pay the court costs etc. Thats whAt I am concerned about?? Can they charge court costs to me on this? even though I know the court are likely to say pay £80 or less.

[Pinky69]

They can ask for court costs but that doesn't mean to say they will be awarded them - that would be up to the judge. You can easily argue that what the court has ordered is what you offered in the first place and the management company incurred their costs unneceassarily. I don't think they will take you to court - that is part of their usual threats. They know they wouldn't get anymore if they took you to court so it would not be worth their while. It's part of putting the pressure on to make you pay more.

[rennuz]

If I was in a debt managment plan then they are likely to offer around 1% per month of the debt as an average, what do the debt management people do to then stop the courts. Would it be possible to suggest I am in one or at least use the DMP tactics to decrease the monthly payment. They are adamant the client wants them to start proceedings if I do not settle over 6 mths and I am pretty sure they will go to court.

[Pinky69]

The DMP people would do absolutely nothing to help you in the event of court proceedings and if you were to tell them you were in one they would want to contact the DMP people for details of your plan.

[rennuz]

Is offering £100 a month reasonable? I think it is isn't it, if it did go to court as I think it may do what costs are likely to be incurred? Also would I get a CCJ even if I am saying I will pay it? A CCJ for me is not good it would basically mean I would have to pay it off straight away so that it isn't actually registered against me, i.e. you pay it off within a month its not then on your credit file. So I am thinking I just have to do what they say, does that sound about right?

[mr.ton]

You should be paying these rogues £1 per month at the max & only then once a court has authorised it.

How dare they ask you to reduce your clothes costs to zero?

Stop speaking to them on the phone & refuse to answer security questions if they ring you.

Report them to the OFT/trading standards.

[rennuz]

I hear you and not sure why I have bothered to call them discussing it. My problem is the court, I don't want a CCJ, will I get one even though I am offering to pay them? Ultimately they are working on behalf of their client who said they want the money within 6 mths at the latest...... if the court order me to pay an amount its a CCJ right? That effects my credit which is currently good and I don't really want that......

[mr.ton]

CCJ's are nothing to be afraid of & dont even show up on credit files half the time, thats how chaotic the whole system is.

The court system is there to help you & officialise/legalize everything etc...

You are not on trial or anything like that.

Its not for them to say how much they want & when they want it paid by etc...thats between you & the court (if it ever goes there) - most DCA's like to threaten to go there, but dont coz it costs them money etc...

In the meantime & until such time as they ever step foot in a court building, tell them to get stuffed & just report them to the authorities.

[rennuz]

I can't take the risk thats the thing, I agree I owe them money fine I will pay it but can't afford what they want me to pya they will take me to court the court likely will agree and say to me pay £80 or less per month but in them agreeing thats a CCJ right? if it is its not worth me fighting them in court. Just to confirm if the court agree and say I should pay its a CCJ.

[mr.ton]

You can only offer them what you offer, if they refuse it then tough - its their loss.

A judge would see that you were being reasonable & they were not.

The court will take into account all your outgoings - like bills,clothes,food,travel costs etc...

I dont know what your fear of CCJ's is anyway to be honest?

[rennuz]

My fear is I am a Mortgage Adviser, hard times and I am self employed and I am FSA registered and we have credit checks and authorisations every 3/6 mths if I have anything on then it jeopardises my career. Also my credit is fine right now if I have a CCJ it will mean harder to get a mortgage, loans anything in the future. I don't want to jeopardise my credit just for this. I went through huge heartache at the start of the year to fight a potential CCJ of £17k, no point me getting one for this amount now after what I went through there. We settled out of court and I paid a smaller amount.

 

So to confirm if the court orders me to pay less or £80 whatever that is a CCJ right?

[mr.ton]

Well im afraid you are just gonna have to bite the bullet here & face things as they happen.

If it goes to court,then chances are it will result in a CCJ - but more than likely it will never end up there as DCA's dont like going anywhere near the places normally, they just rely on threats etc..

You can only pay what you can afford & if the DCA doesnt like it then tough.

[MD78]

rennuz put yourself in the DCA's position.......if a CCJ on your file is as bad to you as your making out just tell them i can only afford £80 maximum a month they wont take you to court when they know if they do they wont get that much from a judge + it takes a while to even get it to court so it would almost if not all be paid by then anyway.

be strong and dont believe there threats,stand your ground £80 is all you can afford end of.

goodluck!

[harrassed senior]

This is my opinion - As already advised, stop talking to them on the phone - insist that all negotiations are done in writing from now on. This will give you a papertrail that will prove to a court that you have been more than reasonable.

 

Offer what you can realistically pay, but keep some back and save this. If and that is a big if providing you keep your agreed payments very regular, they still insist on taking you to court, call their bluff by telling them that you have taken legal advice and have been advised that you have been reliably informed that with your present I & E a Judge in a Court would order you to pay less than you are paying at present. Also inform them that in the case of a judgement you would continue to pay less, even if this includes Costs, so what have they to gain?

 

Do not let them know that you fear a CCJ as they will come after you even harder, make them think that you ARE prepared to fight this is Court.

 

Now, if after this (and I would start the payments you are offering with a payment within your offer letter) - Sent Recorded of course.

 

If they still threaten Court Proceedings just carry on paying. You can apply to have a Judgement set aside or if you pay the Judgement within 28 days it is not registered. This is why I suggest that you save some money (the reason I said offer less than you can afford so you can save this sum). If and when you get a Summons then you can offer them an amount in full and final settlement providing they drop the Court Summons.

 

Hope that makes sense?

[rennuz]

Cheers guys I think I will do as you say and pay what I can afford for now. Silly thing is when I speak to them on the phone they keep saying I am using it as a delaying tactic, every letter I had off them I called them the same day to try and deal with it. They haven't even sent me an actual breakdonw of the bill yet.

 

Well I will keep you informed of what they decide to do when I make my first payment to them, letters from now on as you said.

[harrassed senior]

It is, of course, your decision, but what ever you do , do not set up a Direct Debit to pay them. They will never leave you alone down the route you have chosen they will just keep on hounding you to pay more and more, will keep threatening Court, and may well issue proceedings - they will never be satisfied, but, I wish you the best.

[SickofA&L]

The best way forward is to ring the consumer credit counselling service who will do a full income/expenditure report. Send this to the vermin and wait for the reply. If they wont accept it that's their problem, if you haven't got the money, you cant pay it plain and simple.

Let them take you to court and let the judge see that you've been to CCCS. The judge will take a dim view of the vermin for not accepting the offer put forward and he will order that the amount offered is what shall be paid. I very much doubt he will order you to pay costs. Also, the vermin are not allowed to add any kind of admin costs

[2Grumpy]

Stop using the phone. Cut out the middle man. Send a letter to the management company saying that you will pay the original £xxx @ £100.00 per month and this is all that you can afford. Do not include the extra £100. Send the first cheque with your letter. Continue each month. Keep copies of the letters & cheques. If you have that kind of paper trail they are up the creek.

[rennuz]

I have tried this, thing is the management company have taken great pleasure in sending all this to Incasso. They will not speak to me at all. I am going to try and go above the credit control woman though and see what happens.

 

Then I will go see the CCCS as you have said and forward them a letter telling them I can afford what I can afford and let them take it to court if they want, thing is they probably will but I am hoping it will take a long time as stated earlier and hopefully by then there will not be a huge amount owed so if a CCJ is registered I will beg, borrow to make sure it goes at once. If they really want to take it that far, thanks for all the help on this one everyone, much appreciated.....

[2Grumpy]

If you send the first letter & cheque to the management company & then cheques every month to the management company then you will be ok.

 

Keep copies of cheques & letters

 

The cheques will be payable to the management co so they will have to cash them if they want their money!

 

Start it tomorrow!

[rennuz]

I got a letter to day from Incasso saying I must pay £180 to them by 25th June, doesn't give me much time, thing is if I write to the management agency it means I will have to write to incasso who are likely to say I am using delaying tactics and then what if the management agency say no deal with Incasso, am I just dragging it on?

 

Should I write to incasso and tell them I am in contact with the management company, which they will see as delaying? I want to just send some money to start this all off.

 

I sent the management company £200 and sent a letter to Incasso saying do not deal with me deal with the management company directly. Incasso sent me an email today saying;

 

We are in receipt of your letter regarding the above matter. We have spoken to our client who have

confirmed with us they are not dealing with yourself and wouldn't while the matter is with ourselves.

Our client has now instructed us to pursue the matter Legal and we have forwarded the account to our Legal Department.

I sent a reply saying I have sent £200 to the management company.

SHould I call the management company and speak to them? Or just leave it and see what happens?

[mr.ton]

Tell them to f off...they have no legal authority to money off you