dca and court papers

[jimjim]

I got a letter from a dca/ solicitors firm, dated 9th, on 19th Nov. I tried ringing them, no reply, so I wrote to them unregistered. They responded by sending court papers and then replied to my offer by accepting the offer of a payment arrangement but added 100.00 onto the balance. Can they do this?

[Undercover Elsa]

Re: dca and court papers

Is the £100 included in the summons Jimjim?
As Garlok says, keep this in writing only.
Are you sure you owe the debt and that it's enforceable? (Although as you've now admitted it and made offer of payment unfortunately you've reset the Statute Barred clock).
Can you provide a few more details..type of debt, date (roughly) it was taken out, date of last payment. Have you received a default notice? Have you requested a copy of the agreement (A "CCA Request")
Sorry for all the questions but it is info we need to help you sort this out otherwise as Garlok says you could end up with a CCJ by default even though you've agreed a payment plan...

kind regards...and welcome to AAD!

Shepherdess

[jimjim]

Re: dca and court papers

It's fees for an ou course. It started last Dec and the last payment was July 11 as I lost my job. I never finished the course. The summons includes the 100.00 fees. 30.00 court and balance is solicitors fees. The court papers were issued the day after I made the offer. Although they didn't respond to the offer till after that. I'm thinking they have done something sneaky. Do I acknowledge the court papers or just take their word at the agreement?

[Undercover Elsa]

Re: dca and court papers

Hi Jimjim,
They may have been sneaky but judging by the time scales I reckon they've probably issued before they processed your offer letter.
You need to cover all eventualities here, so if it were me, I'd write straight back to them by recorded delivery, enclosing the first payment to seal the arrangement, saying:

Reference Number:

Dear (name of specific person who accepted your offer),
Thankyou for your letter of xx xx xx accepting my offer of payment of the above account totalling £xxx, by instalments of £x per month.
As agreed, I enclose the first payment.

However, unfortunately it seems that letters have crossed in the post, and on xx xx xx, after I had made my offer, a County Court Summons was issued. (Claim Number: xxxxxxx)

Obviously as we have now reached an agreement for repayment, I would be most grateful if you would withdraw the claim and confirm this to me in writing as soon as possible.

Yours sincerely,

---------------------------------------
Don't leave it to chance though...you have 33 days from the date on the summons after which judgement can be made by default, so (unless payment in full was made within 28 days of judgement date) you would then have a CCJ.

So, give it a week, if you don't hear anything ring the court and check that it's been discontinued. If not, send them a polite reminder, but keep checking.
If you get confirmation in writing from them, again, check with the court that they've actually done it. If not, send the court a copy of their letter with a covering letter.

Hope this helps,

Shepherdess x

[jimjim]

Re: dca and court papers

Thank you, i will do that straight away.

[Never-In-Doubt]

Re: dca and court papers

You need to send a copy of the letter to the court and any reply - never rely on the claimant alone, cover yourself and send the court a copy of their acceptance letter with the letter above.

Good luck.

[Undercover Elsa]

Re: dca and court papers

Yep, Belt and Braces every time with these people