me v restons / **DISCONTINUED**

[Perdita]

Hi Rob

 

I did actually send a cpr 31.14 request upon receipt of the court papers but have received nothing yntil this app for summary judgement

 

P

[Perdita]

I received this letter from restons in response to my witness statement and also letter stating i will be unable to attend court until after i have had further surgery - I am signed off work and cant do anything much at all including sitting for any length of time ( this was all explained in the letter to the court and restons)

Any suggestins as to how to play it next ? Not happy about the charge on the property bit either

Thanks

P

[AndyOrch]

Can you post up the letter Perd?

 

 

Regards

 

Andy

[Perdita]

Doh ! sorry, had to go out and forgot to do it - here it is

 

http://i605.photobucket.com/albums/tt133/maverick97/replytowitnessstatement.jpg

 

P x

[AndyOrch]

Ok looks like they wish to negotiate without Court involvement.

They have withdrawn the collection fee and appear to be intimidated re the PPI.

I dont know what the figure of settlement is Perd only you can consider that but I feel that they may try to persuade you to accept a Tomlin Order in this matter.Only you can agree to that conclusion or fight on.

 

 

Andy

[supasnooper]

Please do consider very carefully what Restons have proposed.

 

They want a Judgment and a Charge on your property.

 

I've just re-read your thread and I can see why Restons want a settlement out of court and would agree to drop a three figure collection fee for a four figure settlement. !!!

 

The agreement is unenforceable as it missing the prescribed terms of credit limit, interest rate, repayments.

 

 

Have a look at these links which may help you understand the enforceabilty of the paperwork (courtesy of 42man & steven4064) -

 

 

Is My Agreement Enforceable - Useful

Consumer Credit Agreements

[Perdita]

What is a Tomlin order? The settlement fee is the actual balance owing plus the costs so far, there has been no reduction offered. Do you think there is any mileage in the unenforceable side to the cca? Im a bit confused as to how to carry on with this one

 

P

[Perdita]

Im not happy to just go for a settlement if the agreement is unenforceable anyway unless it is for a much reduced figure. What is a Tomlin order?

Should i enter into correspondence with them and if so do i copy the court in? Just need to know which way to do things now

Thanks

P

[AndyOrch]

Morning Perd

 

A Tomlin Order can be introduced into litigation as a means of settlement and all litigation is suspended and stayed with the provision that you adhere to the Consent.

If you feel you can not consider settlement then reject the Tomlin and proceed to trial.

 

Regards

 

Andy

[Perdita]

Ive received their statement of costs today which amount to £629 - not sure why they have sent it to me, should i be doing anything? or do i wait for their next letter. Should i write to them in response to their letter and pointout the agreement is unenforceable and at what figure i would be prepared to settle at or is it best not to talk figures yet. Im really confused on this one , sorry

 

P

[AndyOrch]

Statement of costs is procedure when they expect to get a decision ie judgement at your next hearing

 

Regards

 

Andy

[Perdita]

Thanks Andy - appreciate your time. Would it be best to write to them then at least to show willing but to push the unenforceability line and PPI hoping they will negotiate a lower settlement figure??

P

[AndyOrch]

Yes by way of a Without Prej save as to costs use the above as leverage to be included within the Tomlin Order.

 

 

Andy

[Perdita]

First of all - sorry for disappearing for so long, PC probs, hopefully now sorted.

Have done a letter but not sent as yet stating that i will be happy to consider settlement on sight of a valid true copy of the agreement and the terms and conditions in force at the time of the agreement - should i be putting in anything else and do i send a copy to the court as well ?

 

P

[supasnooper]

You may wish to add that the debt be marked fully satisfied with all Credit Reference Agencies.

Also, Might be useful to add a phrase that the remainder of the debt can never be pursued.

[Perdita]

This is the letter I have drafted - all input welcome please.

Dear Sir/Madam

In response to the Application for summary judgement by the claimant for the above case . I respond to the letter from the claimants solicitor regarding settlement.

I am happy to negotiate a settlement on this account if the claimant can provide a true copy of the signed alleged agreement and also a copy of the terms and conditions pursuant at the time of signing. I also wish to see proof that I agreed to Payment Protection Insurance as the document previously supplied has no mention of that and yet it has been charged on the account. Should it be the case that this was not agreed to then I will be making a claim for the repayment of the premiums through the court.

Once all the documents have been produced and a satisfactory settlement agreed between both parties then I require the alleged debt to be marked as fully satisfied with all credit reference agencies and the remainder of the debt may never be pursued.

Under the circumstances I do not consent to any charge being made on my property

[Perdita]

anyone please - need to get the above letter off this week

Thanks

[Perdita]

Can anyone advise if the above letter is ok, need to post it omorrow

 

Many thanks

Appreciate the time taken

 

P x

[Perdita]

Just had notice fromt he court that this has been adjourned until march 1st 2010 due to my health issues so will be back in new year for advice on this one. Many thanks to all who have advised so far.

 

P x

[Perdita]

Shock !!!!

Sent letter as above No 91, trial set for 1st March, letter received from Restons this morning with a notice of discontinuance in conclusion of the proceedings.and they have asked the court to vacate the hearing .

 

Is that it?? Do I just file it and await the next DCA letter or have they written it off?

 

P x

[supasnooper]

Brilliant !!

 

Congratulations and well done.

 

It means it's all over for you in this battle.

 

Make sure that you get a letter from the Court stating the claim has been discontinued.

 

The next step is smacking Restons hard for your Wasted Costs.

 

A few links for you to view -

 

WASTED COSTS THREADS

 

Have a look at the pdf's that Surfaceagentx20 has attached at the bottom of the post on a letter for wasted costs -

 

Surfaceagentx20 wasted costs

 

also

 

Liabilty for Costs CPR 38.6

 

Sharpman v Nationwide credit card services ***WON WITH WASTED COSTS***

 

Welcome/Cohens - case withdrawn ***WOO-HOO ***

 

have a look at this post by IGNM on costs as well -

 

IGNM post on costs

 

and a B_R_W post on what else you can claim - B_R_W additional costs you can claim

[robcag]

Congratulations Perdita!

 

Another kick up the a55 for the Restons mob :lol:

 

Now go get your costs.

 

Cheers

Rob

[Pipster2797]

Well done hopefully this will be the same for me this friday

[Perdita]

How did you go on Pipster?? Im trying to sort out my costs now.

 

Quick question, with regards to the PPI that they have not provided any proof that I requested - does it need to be claimed officially or do i just try my luck when claiming wasted costs??

 

P x

[Pipster2797]

it didn't go well to be honest.

 

Here is a link

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/223267-poc-sent-restons-hfc.html