Can you still try negotiate with a DCA once they issued a CCJ claim?

[Honeypot]

Hi All

 

Is it possible to still negotiate with a DCA when they have issued a CCJ summons?

 

I have been too scared and too stupid to face up to one of Restons letters and so as I havent made contact they are sueing me.

 

Can I still write to them and try sort or is it futile now.

 

Thanks

 

Vicky

xxxx

[rebel11]

Hi Honeypot,

 

Don't let them scare you, don't let them win on that front, thats what they want.

[OnMyWayOut]

In my experience, they will only accept full settlement at this point. They are not open to negotiation as they want their fees. Watch out for them adding 'Collection Fees' or similar to the claim, usually without justification. Make sure you get all the paperwork you need to support your case as they will also try to avoid providing it and pretend it is because they know better.

[Honeypot]

Thanks for your speedy replies.

 

Unfortunately I dont have a case to fight this. Everything has been done correctly.

 

Do you just fill out the Income/Expenditure on the back of the N9A form and wait to hear if a judge has accepted your payment offer?

 

Thanks

 

Vicky

xxxx

[sequenci]

Yup. Do what Honeypot suggests. Send a copy of the n9a to the court as well as the creditor though!

[Honeypot]

Yup. Do what Honeypot suggests. Send a copy of the n9a to the court as well as the creditor though!

 

The N9A form says to send it to the claimant and not to the court?

 

Which is correct?

[sequenci]

The N9A form says to send it to the claimant and not to the court?

 

Which is correct?

 

It's a stupid, stupid rule.

 

If you send it just to the claimant there is nothing to stop the claimant telling the court that they have not received the offer. This means the court may enter a default judgment in favour of the claimant, and as such allow the claimant to then proceed with potential enforcement measures.

 

By sending the court a copy too it may catch creditors out if they are trying to dupe the courts into granting a default judgment.

 

So, although the paperwork states to send it to the creditor only I quite like the extra piece of mind that sending it to the court also would give.

 

Hope that makes sense?

[sillygirl1]

You may not think you have a case to fight but you do have a right to enter a defence, and with Restons there are quite often glaring errors they do.

 

If you want to roll over and accept a ccj then go ahead, otherwise a solid defence can be written which casts doubt on the validity of Restons claim against you and against the amount of the claim. Just because 'everything is done properly - and whos view is that?' doesn't mean to say it is right in the eyes of the law.

[jimbo45]

Hi All

 

Is it possible to still negotiate with a DCA when they have issued a CCJ summons?

 

I have been too scared and too stupid to face up to one of Restons letters and so as I havent made contact they are sueing me.

 

Can I still write to them and try sort or is it futile now.

 

Thanks

 

Vicky

xxxx

 

Hi there

in theory YES -- a claim is only a CLAIM --until it goes to Court anything is possible.

 

However I notice that RESTON's are the people issuing a claim.

 

I don't want to upset you but you can search on RESTONS and you will find a lot of horror stories about this particular firm -- THEY ARE HORRIBLE TO DEAL WITH, WILL GO TO COURT EVEN IF YOU ARE 5 SECS LATE WITH ANY PAYMENT AND ARE ONE OF THE FEW FIRMS WHO WILL EVEN ATTEMPT TO FORCE A SALE IF THEY GET A CHARGING ORDER ON YOUR PROPERTY --EVEN FOR A SMALL AMOUNT.

 

THESE PEOPLE ARE THE WORST I HAVE EVER EVER HAD TO DEAL WITH BY FAR.

 

However they CAN be beaten. Ensure that ANY ILLEGAL / HORRENDOUS "COLLECTION FEES" are challenged --they are well known for attempting to add humungous fees to their "collection" process.

 

Ensure also you have a VALID STATEMENT OF ACCOUNT at all times. I STILL have an ongoing dispute with these scumbags in that although I cleared a debt the Charging Order still appears to be there --after they agreed that their creditor - HFC Bank with an old Marbles Credit card - would remove it and NEVER was I able to get a decent statement of the account detailling what I paid in, how much was owing and any charges --thank goodness I kept a separate EXCEL spreadsheet of this.

 

If you make ANY agreement with these **** --ensure you stick to it rigorously --these people will NOT go away. Don't let them get a charging order either. If you can offer the COURT something BEFORE the hearing DO SO as this should stop these people in their tracks.

 

I don't want to be pessimistic but with RESTON'S you've unfortunately drawn the "short straw".

 

This Firm makes even the Notorious "Bryan Carter" - much beloved by Caggers - seem like Mother Teresa by comparison.

 

Good Luck in any case.

 

Cheers

jimbo

Edited January 12, 2011 by jimbo45

[sequenci]

You may not think you have a case to fight but you do have a right to enter a defence, and with Restons there are quite often glaring errors they do.

 

If you want to roll over and accept a ccj then go ahead, otherwise a solid defence can be written which casts doubt on the validity of Restons claim against you and against the amount of the claim. Just because 'everything is done properly - and whos view is that?' doesn't mean to say it is right in the eyes of the law.

 

Only if there is a triable issue with a reasonable prospect of success. If you lose you could be held liable for substantial costs. Due to the recent test cases successful defences are becoming more and more difficult. One should always ensure they have a very good chance of winning prior to making the decision to defend

 

of course there are losts of solid aguments against Restons and their ilk.