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NSW Statement Of Claim Paid - Company Wants More Money?

Discussion in 'Debt and Bankruptcy Law Forum' started by louise89, 24 June 2015.

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  1. louise89

    louise89 Well-Known Member

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    I had received a statement of claim which I only paid the amount I owe to this company.

    It was a debt I had personally not known I had still had it. I had tried to make a payment arrangement which was allowed for 2 payments. The company then demanded full payment by the 15th May which I had responded advising it couldn't be completed and could I continue the payment plan once I was able to I would pay the total amount. I had received an email back from the company advising me no and legal action would be taken. I go home on the 18th May and find a statement of claim. I have paid the amount I personally owed but now they want me to pay their legal fees.

    I don't know what to do as they are unhelpful and rude. I have had correspondence from 3 different people and have also noticed on their letters they had sent to me "as they stated" my account number is different.

    Please help!!
     
    #1 louise89, 24 June 2015
  2. Sophea

    Sophea Well-Known Member

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    Hi Louise89,

    Did you pay the total amount stated on the Statement of Claim? Or just the original amount that you owed? If it was the latter, then they can legally claim legal costs from you, at the prescribed rate on the court scale of costs. It should only be a couple of hundred dollars. They are entitled to demand this from you as they incurred legal costs bringing the action.

    However there seems to have been a breach of the agreement that you came to with the company to repay the debt in instalments. What were the terms you agreed? and did you get anything in writing to say that you could repay the loan over a period of time? Usually the only time when they can revoke a payment plan and claim payment of a debt in full is if you miss your repayments.
     
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    #2 Sophea, 26 June 2015
  3. louise89

    louise89 Well-Known Member

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    Thank you for your help.

    There is no email from me agreeing to make the full payment amount by the date they requested. I had tried to make a payment plan aand they were not open to allow this to happen. They basically stated that due to the debt being outstanding for so long they need full repayment. However I had not received any letters. When I had requested proof they took one week to provide any letters they had advised they sent, I had received these via email unsigned letters with two different account numbers.

    But i definitely hadn't missed any payments they had tried to force me to pay the total amount by the 14/05/2015. & were not open to accept any payment arrangements
     
    #3 louise89, 26 June 2015
  4. Sophea

    Sophea Well-Known Member

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    Unfortunately creditors are within their rights to demand payment of a debt if they have not previously come to an arrangement with you to repay the debt in instalments.

    However, in circumstances where they had not proved the debt yet, and you had doubts about the account numbers etc I would have been hesitant to pay them anything and fight the statement of claim in court. I know you were likely pressured into this situation as it all happened very quickly and they pursued the debt very aggressively. Now that you have paid though, you can't really fight the existence of the debt.

    If the legal costs aren't much they may not bother pursuing them from you as it may cost more than the legal costs anyway.
     
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    #4 Sophea, 26 June 2015
  5. louise89

    louise89 Well-Known Member

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    Thank you for your help.

    Yes I just wanted to finalize the debt as it was becoming to much they were rude and unhelpful and wouldn't respond via phone only email.

    The legal cost left is $225.00 for filling and the service fee.
     
    #5 louise89, 26 June 2015
  6. Richard Bousquet

    Richard Bousquet Member

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    It's better to take help from truth worthy and experienced ones which have deep knowledge in this field .
     
    #6 Richard Bousquet, 27 June 2015
  7. louise89

    louise89 Well-Known Member

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    Thank You Richard.

    Can I ask would I need to call the court or the company?

    I have asked for help from the CIO credit industry ombudsman but I don't think they really understand.
     
    #7 louise89, 27 June 2015
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