How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I am being pursued for a debt of £1,050. It is debatable if

Resolved Question:

I am being pursued for a debt of £1,050. It is debatable if it is owed but I am happy to pay it. The company pursuing me has added 50% to the debt (which it states it is entitled to do if it has not been paid in time) and handed it to a debt collection agency who have added a further fee of £150 to the sum. I have sent the original sum to the company via recorded delivery which they have signed for. They have not cashed the cheque. If they pursue me in the Small Claims Court, what will happen?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you will have to pay?
Customer: replied 2 years ago.

Thanks. I have sent a cheque for the original £1,050 (as yet uncashed). What I am concerned about is whether I have to send the additional fee and, if not and I go to court, what I may be liable for and whether or not I shall incur a county court judgement / impact on my credit record etc. (I can afford to pay but was just very annoyed by the approach taken with my wife who is actually the person who engaged them and they claim acknowledged the terms and conditions).

Expert:  Jo C. replied 2 years ago.
Thanks.
If you lose at the small claims court then you will get a CCJ. If you pay it off within 28 days of judgment then you can ask the credit reference agencies to remove the CCJ from your record as its really just a dispute over liability rather than bad money management.
In terms of what they will get at court, it depends what the contract says. They can have a rate revision term in the contract allowing them to remove any discount that was given for late payment but its not commonly invoked and rarely drafted properly in the contract.
If you are of the view that you only agreed to pay X sum and now they are charging Y then its probably worth contesting it.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thank you. I can find no reference in the terms and conditions they sent to a late payment fee. They do state that there is a 50% surcharge if they are not informed of someone joining within seven days of the candidate starting but they were informed (because they asked us) so I see no logic for the surcharge. In fact, on re-reading the terms and conditions, there is a possibility that we did not have to pay the full fee: I wonder if I should stop the cheque and make them take me to court. Would we be liable for the court fees if there is a ruling against us?

Expert:  Jo C. replied 2 years ago.
No, its quite unlikely that there was. They are not often properly drafted.
You would be liable for court fees but only a small amount.
Customer: replied 2 years ago.

Would the fact that I sent a cheque for £350 (in full & final settlement) which they returned first to try and end things count against us in court? I imagine not. Thanks for your help

Expert:  Jo C. replied 2 years ago.
If you didn't head it without prejudice then they could refer to it but it doesn't really make much difference. All it proves is that you were trying to settle which doesn't really go to the issue of whether you were in law liable to pay. It just goes to your state of mind to the extent that you believed you were.
Customer: replied 2 years ago.

Thanks again. It seems that I should just wait and do nothing. If the debt collection agency harasses us further, we should just ignore and, if served with court papers, turn up. Thank you again for your help

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice