hiya thanks for all of your messages after a thinking long and hard decided to try and withdraw without trying to negoiate as i felt i was way out of my depth and did not really understand the implciations well enough to continue. thanks willow for the letters i forwarded the second one and have received the following information this morning 1.the consent order requests that the judgement be set aside 2.that there be no order for costs and each party bears their own costs 3.that either party are permitted to apply to the court to enforce the terms upon which this case has been stayed or to claim from breach of them without needing to bring a new claim it also states on settlement agreement 1.this is full and final settlement on all existing or potenial claims 2.the parties agree to making a court order with the above details 3.that i agree to settle claim without any payment from defendant and that each party will bear their own costs just to be 100% before i sign and return does this defo mean they cannot make any claims for anything from me ? i am a bit unsire about the number 3 on consent order about the stay does this mean they could leter apply to court to have this case reopened ?,can someone explain this for me please thanks for all of your help throughout this claim i will be glad when this is all dealt with it has been stressing me way too much also i would like to say a big thankyou to willow b for the letters and zoot for her advice also thanks to parkvale for all of your help and advice over the last few weeks . by the way baby boots if fine he is 2 weeks now and has already gained almost 2lb in weight ,he seems content and sleeps well too so far. thanks again boots

hiya i have today received a notice of hearing from local court for 28 march it states 20 mins has been allowed for hearing and it also states it may be passed to another judge possibly at another court.it also has with it a witness statement from ge money . i have thought about this and it is stressing me out way too much and i am worried sick about the charges i might incur, do you think its worth trying to negotiate a settlement or just cut my losses and withdraw ? i remember reading last week a template of a letter to negoiate and also one to withdraw i cannot find them now can someone help with a link ? if i was going to try and negotiate where to i send the letter or can i just e mail to the solicitors ? if i withdraw do i send this letter to the court ,ge money direct or their solicitors? thanks again boots1

thanks thats great news parkvale was that claim for erc ? if my claim is allocated to small claims will i need to pay for an aq before this is done ? if it is allocated to small claims should i then withdraw ? sorry if i sound really dim but i really have not got a clue what to do i will wait until i hear from the court and then i will post the details and hopefully someone can help me decide what the best course of action will be thanks again

hi i have spoken to local court and they said they have received a defence on 30.01.2007 and it has been passed to a judge so therefore i should recieve some directions in the last couple of days is is it best to wait and see what they say or send a letter to withdraw straight away because i really cannot afford to pay out any money i cant recoup thanks again boots

hi can someone please advise if they think it wise that i withdraw from this ? would i incur any further costs other than £120 that i paid to issue mcol ? how would i withdraw ? so far i have received a transfer notice to local court but no aq . any help greatly appreciated thanks boots

hi all i had a beautiful baby boy on 30 jan !!!!!!!!!!!!! since the last time i logged on it seems that everything has changed with regards to erc claims and people are putting claims on hold.i received last week a letter stating being transferred to local court as an application for judgement to be set aside has been submitted on 26 jan ,on eversheds details it says they are requesting 28 from the court order to submit a defence does this mean when judgement was applied? taking other peoples dissappointments is it worth me taking this any further? i really cannot afford to lose any money !! what would you think i should do should i write and request cancellation of this claim ? from reading other threads i believe the aq comes next which costs me more which i dont really want to pay if i can not recoup and i certainly dont want to end up paying any other money for their costs . i was just starting to feel confident about this but now i dont know what to do now please help !!!!!!!!! thanks boots

hiya still no sign of this baby almost 2 weeks overdue !!!!!!! i have spoken to mcol today and they said that eversheds had sent in an application notice but there was something incorrect on it so it was sent back to them unfortunately he did not know what he said that they had until 03.02.2007 and then the judgement would stay on their file for 6 years,its says on the information that i got from eversheds that they are requesting 28 days from court issuing the judgement to file a defence which would only give them until 31st jan but still nothing has even been acknowledged. does anyone know the position here if the 28 days after judgement has been issued can they still request the judgement to be set aside he said i could issue a warrant but i think this is a bit stupid until i know what defence they are going to enter what do you think ? thanks boots

hi guys at last they have sprung into action i have today received a letter from eversheds enclosing a copy of the defendants application for the judgement to be set aside on the grounds that they were never served proceedings and that the defendant has reasonable prospects to sucessfully defending the claim ,they have enclosed a witness statment with loads of legal jargon that i have not got a clue about do i need to do anything at this stage or just wait for them to file a defence ? they have still not acknowledged anything on mcol at all yet thanks boots

thanks guys i have decided to leave it until the end of next week before issuing the warrant once i have some cash available . hopefully at last that will spring them into action. i know they will request for the judgement to be set aside but i cant see whats taking them so long to do it i will keep you updated thanks boots

hi well i issued judgement by default on 03.01.2007 and still nothing has been acknowledged by them i have rang mcol and they said it is up to me as to whether i want to issue a warrant now or wait but apparently they can request the judgement to be set aside at any point. what do i do,obviously i dont want to drag it out further and delay anything but nothing seems to be springing them into action. i notice from one of seawalls posts that he issued judgement against rbos and issued a judgement and received his cheque about a month later but it says he was in contact with their group litigation section was this for erc or bank charges ? is it worth contacting their customer services and asking what their doing or will i just dig myself a hole ? how long would you give them before issuing a warrant because i dont want ot wait ages then issue it then the request judgement to be set aside but at the same time i dont want to be too hasty ? please help !!!!!!!!! i cant see on anyone elses threads that this has happened and although i know it sounds like a good position to be in ,i am at a loss as to what to do next thanks for your advice boots

hi everyone i have already requested the judgement yesterday,so will wait and see !!!! when you say that my claim would just continue as normal sammyjammy does that mean the deadlines would be the same as before because the deadline for submitting a defence was 08.01.2007 ? i doubt i am lucky enough just to have sliiped through their net but everything is crossed. how long do you wait before you win by default is it 14 days from issue,thats whats confusing me because mcol said leave it till next week then contact them just to make sure they have not heard anything then issue a warrant but i did not have to do this i could issue a warrant straight away if i wanted to, if you win by default does that mean they have got to pay me they money or can they carry on ignoring my claim ? at this rate i will go into labour today and then everything will be going on hold !!!!!!! thanks again folks

hi i contacted mcol on 02.01.2007 and they told me to issue the judgement straight away as they had from 06.12.2006 to at least acknowledge they had received the claim and they had not even done that let alone try to submit a defence, but i have heard nothing whatsoever from them since i issued my prelim letter,no doubt i will do now mcol said just give them till end of next week then if nothing has been done by them i can issue a warrant,i wanted to know if this is the timescale everyone else is using because i dont want to rush it all then end up making a mess of. mcol helpline also said that i could issue warrant straight away but best to allow a little time for them to receive it. its all getting a bit to confusing because i have been watching other threads and have never seen this before when you say that my claim would jst continue as normal sammyjammy does that mean the deadlines would be the same as before because the deadline for submitting a defence was 08.01.2007 ? thanks boots

hi does anyone know what happens now i have requested judgement by default is there a timescale on this as to how long they have to respond?can they still acknowledge my claim or will they just file a defence ?what happens if they request the judgement to be set aside ? thanks boots

hi finman this is the first time i have seen your thread but it promising i am claiming against first national too did you receive anything from first national prior to issuing mcol,i have sent prelim,lba and issued mcol and still not has any response have just filed judgement by default yesterday did you have to do this before they acknowledged anything how difficult were they ?how long did it take from beginning to end ? thanks boots

thanks ellielou i think its all been a bit straightforward so far, so am starting to think i done something wrong but when i have spoken to mcol they seem to think it looks ok so you never know does anyone know what happens when i have requested a judgement is there a timescale on that or is it just wait until they decide when to respond ? no doubt i will get an acknowledgement and defence within the next couple of days but hey at least then i know i am getting some action because at the minute its like i just dreamt sending all of the letters and issuing the claim thanks again boots