Threatening me with a CCJ

[nicoliyah]

Hello there,

 

Am hoping some one out there can offer some words of wisdom. Will try to keep it brief, here goes:

 

10 days ago I sent out the preliminary request for refund of charges (£1250), at that stage I was well into my overdraft but not over it. In the meantime I have gone over my overdraft (which is £950.00) as a result of more charges being lebied against my account.

 

I am a single parent who has just gone from full time to part time and am now in receipt of working tax credit (which is paid into another account, thankgod!) I receieved a letter stating that I was over my overdaft limit and so called to offer to make token payments of £30 per month to bring the arears back down to -£950.00. I was told that I could do that but that they would refer my case to a collection agency and I would get a ccj against my name.

 

My dilema is should I borrow the money to clear my overdraft and then pay it back when I get my charges refunded? Should I just pay back enough of the overdraft to bring me back to -£950.00? Or should I let Grabbey Abbey refer my case to a collection agency, negotiate an affordable repayment with the collection agency and endeavour to get the ccj removed retospectively?

 

So sorry this is so long. Have got one week to get back to them. Any thoughts would be greatly appreciated.

[gizmo111]

Hello there,

 

Am hoping some one out there can offer some words of wisdom. Will try to keep it brief, here goes:

 

10 days ago I sent out the preliminary request for refund of charges (£1250), at that stage I was well into my overdraft but not over it. In the meantime I have gone over my overdraft (which is £950.00) as a result of more charges being lebied against my account.

 

I am a single parent who has just gone from full time to part time and am now in receipt of working tax credit (which is paid into another account, thankgod!) I receieved a letter stating that I was over my overdaft limit and so called to offer to make token payments of £30 per month to bring the arears back down to -£950.00. I was told that I could do that but that they would refer my case to a collection agency and I would get a ccj against my name.

 

My dilema is should I borrow the money to clear my overdraft and then pay it back when I get my charges refunded? Should I just pay back enough of the overdraft to bring me back to -£950.00? Or should I let Grabbey Abbey refer my case to a collection agency, negotiate an affordable repayment with the collection agency and endeavour to get the ccj removed retospectively?

 

So sorry this is so long. Have got one week to get back to them. Any thoughts would be greatly appreciated.

 

The yhave to issue court proceedings before you get a CCJ and that is a long way off - and then you would just counterclaim for charges - beware of any defaults though as you will need removal of these as part of you settlement.

[nicoliyah]

Thanks for that. So what you are saing is to sit tight and wait till I get my money back and then make them remove the default from my name?

[Lula]

Hi Nicoliyah, ring them and tell them that the account is in dispute, they cannot do anything whilst it is in dispute and get your stuff together and send in your claim and file your moneyclaim. By the time they come to look at your account again, they will know that you mean business and will leave you alone, well it worked for me anyway

[sammy115]

I agree - write to them and inform them that the account is in dispute and they cannot action a ccj. It will be a long way off. They have been threatening me with this for a long time. However, I have been paying them a token amount every month as a sign of good will and in the hope that it if ever does go to court a judge would look favourably on me. However, I am only doing this because what I owe is more than I would have refunded in charges.

[nicoliyah]

You guys are stars! Am so frazzled right about now, would not thought of that. Cheers

[nicoliyah]

Just a quick up date for ya! Spoke to the debt management department and told them that account was in dispute. Worked a treat and they have given me three weeks reprise before they add a default to my account.

 

Sent off letter before action yesterday, got home from work only to find that they have offered me half of the money that I am attempting claim back. Lucky I have already sent letter before action as I am not ashamed to say that I was half tempted to take it!

 

Anyway, need to study and prepare for the online claims process (very daunting) will keep you updated.

[tamadus]

Just a quick up date for ya! Spoke to the debt management department and told them that account was in dispute. Worked a treat and they have given me three weeks reprise before they add a default to my account.

 

Sent off letter before action yesterday, got home from work only to find that they have offered me half of the money that I am attempting claim back. Lucky I have already sent letter before action as I am not ashamed to say that I was half tempted to take it!

 

Anyway, need to study and prepare for the online claims process (very daunting) will keep you updated.

 

Good luck nioliyah (not that you need it). If it's not settled in 3 weeks it might be an idea to tell their debt management department to keep the default to themselves as the account will still be in dispute.

 

Dont forget to add any new charges onto your claim.