Court Action Need big quicktime help

[Flagg913]

A few months ago Logic Group took me to court over a debt i owed since july

 

i have been making payments to them via standing order...Today i recieved a

 

letter from logic saying they was taking me back to court cause they have not

 

recieved payments in accordance with the court order,I have however made

 

payment every month since the court order started.I have proof via my Bank

 

statements proving that logic have been payed.Also did notice that i have to

 

pay on the 30th of every month,but the standing orders usually come out two

 

days later....What should i do? Any ideas?

[lookinforinfo]

If they set up the standing order, let them take you to Court, if they are whingeing

about the payments being a few days late each month.

 

If you set it up, change the day on the s/o to around the 25th of each month so that your payment gets there for the 30th, not leaves your account on that day.

If you cannot stretch to bringing the amount forward by a few days explain it to

the judge whilst pointing out that you have actually paid every payment with

nothing outstanding since the Court Order.

 

Personally, I doubt that they will take you to Court. Have they written to you at

all pointing out that your money gets to them late?

.

[Flagg913]

No they did'nt say anything about late payments, the letter says word for

 

word.....We note from our records that we have not recieved payment in

 

accordance with the court order.We now intend applying to the court for one of

 

the following to enforce all of your judgement debt.

1.Attachment of earnings

2.Warrant of earnings

3.Charging order

4.Third party debt standing order

 

Legal costs and interest will be added to the current judgement debt.

 

Should i give them a ring and ask why?

 

the debt owed says £191.02, but i've been paying since july so it should

 

read £181.02,so they are saying they have'nt recieved my payment i'm guessing.

 

so do you think giving them a ring would help or maybe phoning the courts...Sorry but law is'nt my greatest skill. Thanks for helping.

[lookinforinfo]

Who fixed the dates of the standing order?

If it was you, had you agreed the dates with Logic?

[Flagg913]

Well i got a letter from Logic stating that the Northampton County court had

 

ordered me to pay by the 30th of every month, They rang me and said we'll

 

send a standing order form out, fill in the payment of £10 and the date of the 30th

 

then send it back to us, which i did,July,August and September they took

 

Payments out,then yesterday i get letter saying i had not kept to the

 

Agreement.

 

Thanks for the quick response by the way,its very good of you.

[lookinforinfo]

As they fixed the date on the standing order I wouldn't worry too much. They had

not received September's money from you, because the 30th was a Saturday.

Your bank would have sent your payment on the 2nd October, not arriving at their

bank till Wednesday at the earliest. And Logic might not get the information from

theri bank till the Thursday. Hence the letter I expect.

 

If they are writing to you because of Septembers payment not being paid on

time no Court will take them seriously.

 

Do not ring them. Conduct all correspondence in writing. Write to them straight away asking how you have breached the arrangement. State that according to your

bank records, your payments are all paid up to date. Ask when they are going to

apply to the Court. Make sure that you send it recorded delivery. Keep a copy

of your letter and keep it with theirs in a file so that you can show your record with them in Court if need be.

 

If all your payments have been paid on the due date, then it maybe that Logic are

using this last payment not getting to them till now as an excuse to get more money from you. You must keep on top of them and answer all their points.

 

Keep us posted as to their reply.

[Flagg913]

Is there any chance someone could write a letter for me as i am not great with letters. Thank you.

[jannercobbler]

Very Brief letter.

 

You may want to alter some or all of this, as this was drafted quickly. Someone else may have a better letter, or wordings so please check.

 

 

Dear Sir

 

Ref:

 

I am in receipt of your letter dated (xxx), and note the contents.

 

I would like to inform you that although you have stated that you have not received payment in accordance with the court order (REF XXXXXXXX), I have within my possession my current Bank statements covering the period (Start Date - Todate); These payments are clearly shown as being paid to yourselves. Therefore I refute your allegation of missed payments.

 

Should, However, you wish to pursue your threat of Court action against me to enforce all of the judgement debt or to add further charges and Interest? Then this will be vigorously defended by me and I will seek costs as appropriate.

 

Should any payments be arriving late to your account, I propose that the date of the standing order be amended to (xxxx Date) each month. This will facilitate in the smooth running of my account with you and should alleviate any further problems.

 

Yours Faithfully

[Its WAR]

It must be a real hassle for logic to receive small payments each month. iI bet they think that you have a secret stash of cash and hope you will settle the account in one go. I am sure the court will laugh logic out of the courtroom. Its an abuse of the system. Des Minimis or some such latin phrase, the amounts are just too little. I agree that you should resolve the issue by bringing the dates forward...thats about all the judge would expect.

[lookinforinfo]

I would just add that as it was Logic that stipulated the payment date, they can

hardly expect any sympathy from the Court.

If you send Jannercobbler's letter, I doubt that they will even go to Court.

Though I would personally not offer to alter the date of the s/o until I knew what

it was that Logic are actually complaining about. There is no sense in bringing forward the payment date if it is something else they want.

I have amended the letter a little- your choice as to which one you choose. Don't

forget to keep acopy of the one you send.

 

 

Dear Sir

 

Ref:

 

I am in receipt of your letter dated (xxx), and note the contents.

 

I would like to inform you that although you have stated that you have not received payment in accordance with the court order (REF XXXXXXXX), you have

failed to state in what way I have not complied.

 

I have within my possession my current Bank statements covering the period (Start Date - To date); These payments are clearly shown as leaving my account on the due dates in compliance with your standing order, and being paid to yourselves. Therefore I have paid everything according to the Court Order.

 

Should, you still wish to pursue your threat of Court action against me to enforce all of the judgement debt then this will be vigorously defended by me and I will seek costs as appropriate.

 

Yours Faithfully

[Flagg913]

Thanks for the help,I will write here once i get a reply from logic.Just wondered

 

when i first got the claim form from the courts it said...

Amount claimed £111.02

Court Fee £20.00

Solicitor's costs £50.00

Total Amount £181.02

 

Then when i recieved the Acceptance Judgement for claimant letter it said, You have made an offer of payment which the claiment has accepted. ( I thought it was the judge who accepted the Offer of payment)? Am i wrong?

 

Then it Said you must pay the claimant £111.02 for the debt and £110.02 for costs, Total £211.02 by installments of £10 per month.

 

Where did the extra £30 they added come from? Was that a fee for paying via installments or something else?

 

Again thanks to everyone who helped on this thread.

[Stopthethieves]

It could be the cost of getting judgment.

 

Anyone?

 

Regards

[Flagg913]

Sent letter on monday via recorded delivery just waiting for it to get to logic, Then wait for a reply, i have also changed my standing order date to the 20th.

 

Thanks to Lookingforinfo and to Jannercobler for writing me the letters and for all your help. Cheers

[Guest Zooman]

did they apply for a warrant with the county court bailiffs before you asked to pay be instalment, or did they have to make an application for something as both these use to cost £30 (well the bailiff one started at £30 but nearly all types of applications where £30). Or it may have been a fee/cost they looked to recover for sorting your instalment plan out, which by the in the first place goes to them to see if they agree or not and if they do not agree to your plan then it goes before a judge to decide.

[Guest Zooman]

also I would warn you now all the claimant has to do is instruct the county court bailiff it does not go back before the courts, this will add more charges, then all you can do is pay or dodge it or apply to the courts again and this will cost you £35 again, and you will be unable to recover this money in any event, I would send them as much information/proof as poss that you have paid and tell them you have set up a new standing order date etc.

[Flagg913]

Well they have recieved my letter saying that i have statements to prove i have payed, and i've said also in the letter that i will change the payment dates to the 20th, i've changed them at the bank and my bank said they would let them know.So is all that okay or do i need to do anything else?

 

This just seems like a [problem] by logic to get me to pay more.

[Flagg913]

In reply to Zoomans Question. I had a claim form from county court which i filled in asking to pay £10 per month,judge granted this and when they sent me the acceptance letter they was £30 extra added on.

 

Now logic are saying i haven't paid in accordance with the Court order even though all my £10's have been payed since july,the only thing i can think it is,is my payments being late which is a bit unfair since they was the one's who told me what date to put on the form.