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Thanks Andy. This was my initial feeling from the beginning and you've just suggested the same.

 

They literally will be wasting their time as she honestly doesn't have much to give them and to say they've been less than understanding would be an understatement!!

 

I would have thought (just from a common sense point of view) that the judge won't be too impressed with them when he sees the evidence that she has tried to sort this out amicably and they have just continued and ploughed straight to court instead of utilising it as a last resort for debtors who won't pay!!

 

Foxy

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Thanks Andy. This was my initial feeling from the beginning and you've just suggested the same.

 

They literally will be wasting their time as she honestly doesn't have much to give them and to say they've been less than understanding would be an understatement!!

 

I would have thought (just from a common sense point of view) that the judge won't be too impressed with them when he sees the evidence that she has tried to sort this out amicably and they have just continued and ploughed straight to court instead of utilising it as a last resort for debtors who won't pay!!

 

Foxy

 

 

Absolutely and should be reiterated within any defence offered.

 

Regards

 

Andy

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[attach]35220[/attach]

 

m1

 

 

Please note the above pdf is not 100% accurate. The defendant is Bachellier. Google Cabot v Bachellier for a better copy. should you require it for court.

 

It's either a mistake or an attempt to track the pdf. I obviously borrowed the pdf from another thread.

 

M1

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Possible but then again the judgement was posted elsewhere, by a solicitor involved, a year ago ;)

 

M1

 

oh ok. it's done the rounds then. :)

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  • 2 weeks later...

Can anyone give me any tips on negotiating with **** solicitors? The debt is around £3k and she would have to pay in installments. Do I suggest the consent order? How do I put it to them? - other than to save further costly litigation etc. How much do you think they will reduce by? and expect for monthly payments?

 

Many thanks

 

Foxy :-)

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double check the docs sent. all in order?

what about the default notice? was one sent, was it compliant? poss defence there also? any missold ppi?

under their own lending code they should've taken into account financial difficulties prior and stopped/reduced interest and reduced payments prior/considered a repayment plan. but, hey, that's loyds!

property involved? could sway their decision? they seem to like summary judgment/charging orders?

if still want to try for a consent order (not that it would carry much weight going by this? http://www.consumeractiongroup.co.uk/forum/showthread.php?350412-LSTB-being-cheeky) work out what can be afforded using one of the common income and expend forms and think about what to offer in a consent order. that thread has a fairish eg of one.

Edited by Ford
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  • 2 weeks later...

Hi everyone. Decided to negotiate with **** - they accepted this (said about a Consent Order) and my sis filled in the form and sent it back with her proposed payment of £1pm. She spoke to NDH and they talked her through all her options. The woman @ **** solicitors said to send everything through to her which my sis did. She has then received a letter saying they want £20 a month or they are taking it to court. She called them but the solicitor is on hols until next Wednesday. What total and utter a***holes.

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to be fair 1/mth is unrealistic on 3k. 12£ per year=beyond sis's lifetime to pay off! unless things improve shortly where the amount can be increased.

20£/mth=240/yr=12.5 years to pay

but, if can't afford more than 1/mth than so be it. they'll prob continue with claim. if judgment against, can ask for an instalment order. would prob be a concurrent charging order if there is ppty. if no ppty, instalments offered would no doubt need to be realistic for j to accept.

Edited by Ford
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