RBS credit card claim won now new claim after sale by OC

[gezwee]

Hi HH

 

I think some of the advice you have received is well balanced and fairly succint [Ganymede]. You have an order for payment by 2014 ........ 39 months left by my calendar.

 

Looking at this objectively the DJ visiting your redetermination did you a favour, there is no order for instalments, merely a final restitution date. You are not obliged to contract out of CPR and there is nothing tortious within failing to respond to the current correspondence. It appears to be nothing but bullying tactics. I'd be inclined to either ignore or invite the sols to apply for a redermination of the errr redetermination

 

In basic terms they missed an opportunity to apply for a CO and are now trying to bully you into earlier settlement.

 

Gez

[Ford]

a 'redetermination' is n/a re a forthwith judgment.

there was a forthwith. hammy then applied for a variation. the instalments offered were objected to by the claimant. so, the court ordered full payment by 2014? is this correct?

if so, then in order to vary that judgment another application for a variation would need to be done eg for an instalment order. this would prob be objected to again by the claimant. could negotiate a monthly repayment with them to pay in full by 2014, but as you say this would mean paying around 500/month! could try for a reduced amount in full and final?

they prob haven't applied for a charging order because you are not technically in default of the judgment. but, they prob will do after 2014 if that order is still in force and payment hasn't been made.

imo

Edited September 8, 2011 by Ford
typo

[hammyhound]

Thanks for your help folks

 

Matt, no payments are being made at the moment, I offered £40.00 per month and that was really scraping the barrel, they refused and wanted nearly £600 or payment by 2014 if I remember correctly. Have to dig their original letter out.

 

Angie, it is back with the original solicitors, the other solicitors gave up the ghost and I have received a notice of change.

 

I feel by offering payment and enclosing an I & E they will probably reject again due to the large amount of debt.

 

Ford, are you saying that if I applied for re-determination this would be refused as I have requested this before and the claimant objected to my monthly payment.

 

HH

[Ford]

.................Ford, are you saying that if I applied for re-determination this would be refused as I have requested this before and the claimant objected to my monthly payment.

 

HH

 

not necessarily. was suggesting that the claimant might again object (as they did before?) to the instalments offered in the application. if they do, it would then be for the J to decide again in the circumstances. the J's decision could go either way. it may be more favourable than the current order, the same, or less favourable!

note that it would be an application for a 'variation' not a 'redetermination'.

imo