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A county court letter........

9 replies

blushingm · 21/09/2008 16:14

we had one of these saying we owed money for our estate mainenance charge. We do but I've sent 2 direct debit mandates - the first which they say they didn't receive and then we sent the 2nd at the end of august - we'd assumed they dd would start from september - next thing we were listed as a defendant and had to return forms etc........plus the annual charge was £219 then we were sent a credit of £50 as there was a surplus from last year plus we were in £24 credit from last year......

What do we do now???? I've filled the form saying we partially agree and sent a cheque fo £169 but what will happen now - they are saying we owe £290 - the £219 plus charges. Will this be a ccj???? I've never had anything like this before - the invoice was only originally sent in april and as we were on dd before i assumed it would carry on.......i'm really scared now

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edam · 21/09/2008 16:18

Hang on, so they have failed to collect a direct debit AND you were in credit? Then it's their fault, surely. I'd go down to CAB and take all your paperwork. They are incompetent bullies.

mumblechum · 21/09/2008 16:19

Because you've made a part admission, the Applicant needs to decide whether to accept your payment in full & final settlement.

If not, they'll ask the court to set the matter down for a brief, informal appointment at the local county court.

The district judge will listen to both sides and decide whether you have to pay the balance. If so, then so long as you pay in full within 28 days of the judgement day, it isn't registered as a CCJ.

edam · 21/09/2008 16:19

Oh, and write to one of the personal finance pages in the nationals - try the Guardian, think it's Tony Levene's column. He often gets results from companies who think they can dick around with their customers.

blushingm · 21/09/2008 16:34

wow thanks for the quick responses....the company are shit but we have no choice about using them.....all houses on the estate 92 of us have to pay every year for paths, grass insurance etc as the council won't adopt it. For the last 4 years they've sent out theor budget showing the costs divided by 91 - they say everyone is being billed but someone can't be 91 bills and 92 houses??????

So this won't be a ccj - only if the judge decides i have pay and i never send the money is that right???? The letter was for northampton court - we live in south wales!!!!! Will i have to go?? Van it escalate this far in 4 months??

We have paid for 9 years via dd but when we remortgaged last year they insisted we pay it all in one go and the still collected the dd hence the dd being suspended - they say they can't tale th suspend off and can't reactivate it if i cancel it and they can't set it up over phone either - nor do they accept debit or credit cards

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mumblechum · 21/09/2008 16:36

If it's been issued thru' Northampton, it's an online summons - they all go through N'hampton.

When you send your part admission/part defence, ask in a letter for it to be transferred to your local court.

blushingm · 21/09/2008 16:40

i did it online yes - the part admission thing but i didn't know to ask for it to be transfered to a local court - will i have to go?

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blushingm · 21/09/2008 16:40

i did it online yes - the part admission thing but i didn't know to ask for it to be transfered to a local court - will i have to go?

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mumblechum · 22/09/2008 12:45

Sorry for delay. Yes, you do need to attend, but if you get it transferred it'll be your local court.

blushingm · 22/09/2008 13:24

i had a letter this morning confirming my dd has been set up ???????????? I've already sent a cheque.....oh what a mess

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