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I found out a couple of months ago that I was being chased for £2866 from a CCJ.

 

It was to do with a work overpayment a year ago.

I have recently received a letter from the court saying it has to be paid by the end of Jan.

 

I am going to take out a loan to pay it and suggested a settlement.

The debt recovery agency has asked me to suggest an amount.

 

How much should I say?

The debt is for £2866, some of that was added to it which I think is unfair as the company I worked for never contacted me before I heard from the CCJ.

 

Also as it was overpayment I feel that I want to suggest half of the original amount which would be about 1300.

I think this will be rejected though.

 

What should I do?

 

Does anyone know how much the agency will have bought my debt for and what is likely to be accepted?

 

I want to get this out of the way but obviously taking a loan out I dont want to pay any more than I need to.

 

Thank you

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Hello and welcome to CAG.

 

I'm checking with the rest of the team about which would be the best forum for your thread. You'll find it moves at some point, and there will be a redirect to follow from this forum to the new one.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Thread moved to the appropriate forum.

 

 

Andy

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Do you actually owe this money, and is the amount correct?

 

If not you might be able to get the CCJ set aside.

 

It will be on your credit record for now and will stay there for the next 5 years.

 

How much the agency will accept will depend partly on your financial circumstances.

 

I wouldn't offer the loan option as this will encourage them to ask more.

 

If finances are tight send them an income + expenditure statement and see what they offer.

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The letter has already come saying that I have until 31st Jan to pay it and then get taken off the register (?).

 

I am in my mid twenties so being unable to get credit would affect me when I eventually want to buy a house,

so I want to settle it in time.

 

Also they contacted me at my work address and I am worried about repossesers turning up here

and the whole thing is causing a lot of stress.

 

Unfortunately I already mentioned the loan option to them in an email yesterday,

but the amount I would be able to borrow is limited.

 

I currently earn minimum wage.

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are you saying you knew nothing about this CCJ before you

got a DCA chasing the sum?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry, I misread your post I see that the overpayment was a year ago not that the CCJ was a year ago.

 

The court has not made a decision on anything.

The claimant issued court proceedings against you, you didn't file a Defence and therefore a default judgment was granted.

 

I'm not sure if you would be able to get the 'certificate of satisfaction' needed to make sure that the CCJ comes off the register unless you pay it in full.

 

This raises the question why you received the CCJ from the court but did not receive the Claim Form or Particulars of Claim, or any other letters.

 

If you didn't receive the papers and you don't owe the money or dispute the amount,

then you are able to apply to court for the CCJ to be set aside so that you can defend it properly.

Although I guess if you didn't make arrangements for forwarding your mail there is no guarantee you'd get the set aside.

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I received an initial letter in November and went to see Citizens Advice who told me to go see a debt charity who I managed to see in December.

 

It would have cost £80 to file a defence on the website which I didnt have as I have been getting overtaxed.

 

I kind of buried it under the carpet a bit because I was stressed, which is my own fault, and

 

received another letter to work towards the end of December whilst I was on Christmas leave.

 

When I came back I had a letter saying that the court judgement had been passed and I needed to pay it by 31st January.

 

The company knew I was going travelling and I didnt have a forwarding address because of this.

 

If the company agrees to a settlement then wont it be taken off my record?

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Would this letter be okay?

 

 

WITHOUT PREJUDICE:

 

Dear Sir/Madam

 

Re: Claim number: XXXXXXX

 

I write with reference to the money which you are claiming on the above account.

 

I can confirm that I am unable to offer to pay the money which I owe in full.

 

A relative is prepared to offer me £1300. I want to offer this sum as an ex-gratia payment, in full and final settlement of the account. The offer from my relative will not be available forever and my relative will not make the payment unless the offer is accepted. I feel that this amount is fair for both parties as XXXXX should take liability for their own HR mistakes. I also dont feel I should be liable for fees as they were added on before I had any knowledge of the claim.

 

This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this debt in any way whatsoever and that I will be released for any liability. I also request that, if accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

 

Payment can be made within 7 days of receiving your written agreement of this offer and method of payment.

 

I look forward to receiving your reply.

 

Yours faithfully

Edited by pinkandgreensheep
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OK, now I am confused.

 

So you were already back in the country when this started?

Did you ever receive the formal court documents i.e. the claim form or Particulars of Claim?

 

It doesn't cost anything to file a Defence.

 

Unless you make a counterclaim the Claimant pays all of the court fees (although can recover them from the Defendant if it wins the case).

 

I think you must have made a mistake - did you actually log in to the website using the claim number given on the claim form?

 

I think that you need to pay in full to get a certificate of satisfaction,

and that if the company agrees to a settlement the CCJ will be marked as partially settled meaning it will stay on your record for the full 6 years.

I'm not 100% sure about this so I'm checking with the site team.

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I've checked with the site team and not good news I'm afraid. If judgment has already been granted and a CCJ issued, it can still go onto your record if you don't pay in full even if the DCA agree to a reduced amount. The only sure way of getting your certificate of satisfaction is to pay in full. If you wanted to agree a reduced amount you really needed to do it before the CCJ was granted.

 

The only way to avoid this would be to try and get the CCJ set aside if you honestly didn't receive the papers.

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I've checked with the site team and not good news I'm afraid. If judgment has already been granted and a CCJ issued, it can still go onto your record if you don't pay in full even if the DCA agree to a reduced amount. The only sure way of getting your certificate of satisfaction is to pay in full. If you wanted to agree a reduced amount you really needed to do it before the CCJ was granted.

 

The only way to avoid this would be to try and get the CCJ set aside if you honestly didn't receive the papers.

 

 

 

Even if Pinkandgreensheep pays the debt in full and files a Certificate of Satisfaction the CCJ will stay on the credit file but marked "satisfied."

 

A Certificate of Cancellation is the only way to remove the CCJ completely but you can only file this is the debt was paid in full and within 28 days of judgment.

 

The only way now to remove the CCJ completely is to apply for a set aside and defend the claim (and win!).

 

 

 

Pinkandgreensheep, what would your Defence to the claim be? Did you not notice an overpayment of over £2500.00?

 

I assume you have spent the money transferred to you by mistake now on your travels?

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The only way now to remove the CCJ completely is to apply for a set aside and defend the claim (and win!).

 

 

If the CCJ is paid in full within 28 days and certificate of cancellation obtained (thanks for pointing out the error) it will fall off his record won't it?

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If the CCJ is paid in full within 28 days and certificate of cancellation obtained (thanks for pointing out the error) it will fall off his record won't it?

 

 

I'm confusing myself sorry. I thought the OP said that the CCJ was a year ago!

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If the CCJ is paid in full within 28 days and certificate of cancellation obtained (thanks for pointing out the error) it will fall off his record won't it?

 

 

Its simply not recorded on the register if paid in full

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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