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mikecymru

solicitors fees CCJ - now going for a statutory Demand

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Hi all,

 

Need some advice please.

 

During my divorce I used a solicitor to assist me as it was quite a messy affair. The Partner of the company who I had dealt with many times before, understood my financial situation and was good with me settling my account once the case was completed and we could work out a payment arrangement. Long story short, he left mid proceedings, the new partner demanded payment + retainer. and refused to carry on with the case.

 

I refused to pay and also wasnt in a position to pay at that time. I got a CCJ for my trouble £2453. I did not contest at this time. (the final amount made up of sols fees and court fees)(date 4/4/12)

 

I am now in a position to pay this but havent as yet.

 

Saturday evening some burly chap knocks on my door and hands me a statutory demand under section 268(1) of the insolvency act. Debt for liquidated sum payable immediately for the sum of £1670.26

 

For the same debt as above... (the one I got the CCJ for)

 

 

Letter dated and signed 31/07/15

Served on me 08/08/15

 

Particulars

 

 

The debtor instructed the creditor to represent him in a matrimonial matter at the conclusion of the matter the debtor was invoiced on the 18th February 2011.

The debtor has failed to discharge the creditors professional fees. The creditor used a tracing agent to locate the debtor which cost £150.

The creditor therefore claims the sum of £1121.00 in respect of professional fees together with interest in the sum of £399.26 and the tracing fee of £150.00

This totals 1670.26.

 

So my first thoughts, why doesnt the amount tally £2453 vs £1670.26 they are wildly different.

 

Should I send a prove it letter?

 

Should I call up to say, I already have a CCJ for £2453 and clear it?

(didn't think I could get taken to court for the same debt???)

 

or challenge the first CCJ and try to get it set aside and defend this claim? (given the difference in costs)

 

Some guidance would be appreciated, I just want to make sure that if I do pay this that the CCJ is paid in full.

 

After all I am trying to start over and get myself a debt free life....

 

Thanks in advance

Mike

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You have 18 days from the date of receipt of the Stat Demand to make application to have it set aside. Your reason for doing this would be that the claimant has already taken you to court and obtained a County Court Judgment against you for this same debt. They cant do both ?

 

When did they obtain the Judgment against you and what was the terms of repayment ? Were you allowed to make instalment payments or was it a forthwith judgment (all at once).

 

I will ask one of the site team to look in on you.


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For sure you would require a statement of how they have arrived at the sum they are claiming.

 

Hold fire until I can get someone to look in on you.


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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Surely all you need to do is check with the Sols that the total amount owed is £1670 and pay it. Get it confirmed in writing. Once paid then ask the Sols to note the CCJ as fully paid.

 

They can threaten bankruptcy if the CCJ is unpaid, but a mistake has been made. Was the CCJ amount wrong or the statutory demand ?


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that someone is rather busy..

 

however they have said off thread:

 

Simply pay the judgment debt as he states he is in a position to.

He cant set a side as this is subject to a unsatisfied judgment.

He could make application N245 to vary the payment and get a payment plan in place...this would then extinguish the SD.

 

It is important to check that the petitioner has used form 6.2 and not 6.1 as this is subject to an existing CCJ

 

dx

siteteam


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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hi DX,

 

appreciate busy. Thanks for input....

 

yes of course can pay original judgement.... as long as its the correct thing to do...and draws a close to the affair...

 

however I think original judge.. is incorrect for amount.. (new claim supports)

 

2nd - they used 6.1 not 6.2.

 

Should say sols have changed name and personally think that they are a little sloppy with Paperwork..

 

you say i cant set aside...but the claim doesnt mention previous ccj...wheres the link? thats my concern that I pay the claim here and the CcJ lives on.... not good

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Ignore the SD ...pay the judgment...the SD is then extinguished.The stat demand is another means to enforce the judgment...because you have not paid it...however the correct form should be used whilst there is an unpaid CCJ in connection to the demand.The fact that they have used the wrong form signifies either they are not aware of the CCJ or they are numpties:wink:

 

Andy


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Thanks all for the advice.

 

I think i will just settle the CCJ its long overdue,

 

I just want to make sure that it is recognised as paid.

 

do I just contact the Sols and pay through them or through the courts?

 

is there a form or procedure I should follow.

 

Or just call them up/mail them and agree the payment. (and inform them of their error?

)Does the CCJ get removed by the Sols contacting the court

or do i need to inform the court as paid?

 

Thanks Mike

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You contact the Solicitors to pay.

 

I would query the amount they think is owed and get them to provide a full breakdown in writing. If the amount is less than the CCJ they applied for, then perhaps they can correct the CCJ records while marking it as paid.


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

 

If you want advice on your thread please PM me a link to your thread

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the CCJ is on your credit file for 6yrs from birth regardless to if paid off or not.

unless its not even showing..have you checked?

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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