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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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If a CCJ is issued against you payment of an invoice -

Customer Question

If a CCJ is issued against you for non payment of an invoice
- what in law is deemed a reasonable time to pay an invoice from when it is received?
- how long do you have to pay once the CCJ has been initiated? Is there a time frame or can this be as long as you need as long as you enter into an agreement within the 14 days?
- If you offer to pay in instalments, can the CCJ been activated if you don't break your offer?
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.
HiNormally the court gives you 28 days to pay in full although sometimes 14. The advantage of doing so is that you can then ask to have it removed from your credit file as it is not poor money management but a dispute over liability usually.If you can't do that then you can apply to pay in instalments. As long as you pay in accordance with that they can't take any other enforcement action but the CCJ will still show on your credit file. Can I clarify anything for you? Jo
Customer: replied 9 months ago.
Thank you.
This whole situation should never have occurred. Apparently an invoice was sent to me with some other paperwork at the beginning of December last year. I didn't receive it. When I was asked why I hadn't responded to the letter, no mention of an invoice at this stage, I made the company aware that I hadn't received the paperwork so they sent it again but without a copy of the invoice.
In January I received a text message telling me that I had an outstanding invoice so I contacted them immediately and they e-mailed a copy to me. It was for more than I expected so I contacted them straight back to say I couldn't pay it all at once, please could we arrange something. I heard no more until another text message 3 days later that said 'You have an outstanding invoice that requires immediate payment. Should you fail to make the required payment or contact the office to discuss your options by 5pm today, we WILL initiate County Court proceedings against without further notice'. I was mortified so I contacted them again. Again they did not acknowledge the fact that I could not pay all at once. I chased them but still they did not offer any form of help or suggestion as to how I could pay to clear the invoice.
I have received quote a few aggressive toned e-mails from their Director since and proceedings have been started and they are basically refusing to back down despite everything.
This is stressing me out as I want to pay but they simply will not help me and a CCJ will ruin me. I don't have the money to fight them in court but they keep threatening it
Is there anything I can do?
Customer: replied 9 months ago.
This all relates to a PPI claim that was successful.
I want to just cancel the contract as I don't like the way this company does business - I'd rather lose out on any further potential money as the stress is too much but to terminate the contract they say I will have to pay them £457.50 + VAT for 3 case reviews, 18 letters and 4.5 hours of work! They claim to work on a NO WIN NO FEE basis but if you terminate their agreement, they have this clause '6.2 The Client may terminate the Agreement at any time by advising Your Money Claim in writing by email to***@******.*** or by recorded post to Your Money Claim, Victory House, The Sidings, Whalley, Clitheroe, Lancashire, BB7 9SE or by making any other clear statement and paying all Reasonable Expenses incurred by Your Money Claim within 28 days of termination'
Am I within my rights to ask for evidence of their breakdown as I do not believe it should be so much? The only danger is that I think they will fabricate evidence as I do not believe they are honest people, all they seem interested in is taking people's money but at least it would get them off my back as I just want this nightmare to end
Expert:  Jo C. replied 9 months ago.
Not if they have a CCJ already.
You could always ask for redetermination of the amount but it is a risk because you may end up paying costs.
Customer: replied 9 months ago.
I just don't think they have acted fairly. I believe they have initiated the CCJ before giving me a chance to pay. I have not disputed the amount or refused to pay, I asked for time immediately when I eventually received the invoice but they ignored that. All they keep saying is that the invoice was issued on 2nd December - not my fault that it didn't arrive and that they didn't send a copy with the other accompanying paperwork when I requested it in DecemberThat is the bit that I am asking advice on
Customer: replied 9 months ago.
I cannot believe that the law would protect such people and penalise me given that I have not done anything wrong, I have not refused to pay and I have tried to discuss options with them but they have basically ignored my requests. They say to contact them if you are having difficulty paying but then they don't respond, just ignore you and then issue a CCJ!Is it worth complaining about their conduct to the bodies that regulate them?
Expert:  Jo C. replied 9 months ago.
They may not have done.
It matters not really. Firstly the issue is whether they have acted lawfully rather than fairly.
Secondly, they have a CCJ so it really doesn't matter at this stage.

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