We had a customer who we had refunded,who took out a claim form that was posted to us on the day we issued the refund. Meaning that the court fees were still required to be paid (a sum of £25) in order for the CCJ to be paid. However the customer is refusing to accept the £25, they will not provide bank details, and fail to cash any cheques we send them.
Consequently, we are unable to have this CCJ removed off the records, despite it being paid.
Why ishe refusing to accept the court fee, purely to keep the judgement in place? Doyou have his bank details? Do you have proof of the cheques that you sent him?
Is herefusing or ignoring? There is a big difference.
Howdid he pay for the goods?
Haveyou threatened an application to court and an application for costs unless heaccepts this money?
He is refusing to accept the court fee purely to keep the judgement there. He has refused to provide us with bank details. We have sent him two cheques since, but he hasn't cashed them. This seems more of a refusal than someone ignoring us.
He paid for the goods via card, and we refunded him to his card. However we are unable to add additional funds to that transaction, and cannot reuse or have access to his card details in order to reimburse him that way either.
We have sent him an email and he said he would rather go to court.
Inthat case, I would give him what he wants and take him to court.
Clearly,he is an obnoxious piece of...
Applyon court form N244. The fee £175 which you will get back if you win.
If itgoes to court, there is a further hearing fee of £200 which will also get backif you win.
If youinstruct solicitors, you will also get the solicitor's costs back if you win,unless the judge decides that it is small claims matter when you will not getthe solicitor's costs back and you will have to take those on the chin.
The orderyou are asking is an order that defendant accepts the sum of £25 being thecourt costs in respect of the court application dated X and which were paid tothe defendant on the same date as the court application X, and that the defendantinstructs the credit reference agency to remove any reference to any CountyCourt judgement forthwith.
Attacha witness statement to it, explaining all the facts.
If youhave anything in writing from him telling him that he will not except the moneybecause he wants the judgement to stay there and he would rather go to court,attach it to the witness statement and refer to it in it.
Thematter will then be adjudicated by the judge and costs awarded against him ifyou get the order.
Atthis stage, my suggestion would be to get a solicitor to write threatening theapplication to court and the application for costs, putting down the costs indetail. It may focus is mind but sometimes idiots and obnoxious people have nologic.
Iassume that he did give you warning that if you did not refund him he wouldissue proceedings and that the issue of proceedings was not premature. If itwas, I would raise that issue also with regard to the issue of costs the £25costs
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