Shanusascarabus V Yorkshirebank

[shanusascarabus]

please please please....I need to send this off

[shanusascarabus]

anyone??????????????

[Guest Zooman]

will I do

[shanusascarabus]

Hi zooman, you most certainly will do.... Above is a draft of the letter i wanted to send off.... Is it Ok??

[Guest Zooman]

I have received your letter of the 10th January and note the content within.

 

In reference to your offer, I am sorry to inform you that I will not be accepting this offer as the consent order makes no mention of the settlement.

 

Although if the following is inserted into the consent order, I will be willing to sign:

 

“Within 7 Days of the claimant signing the consent order the defendant pay the claimant the sum of £xxx.”

 

If I misunderstood and you do not wish to settle, and wish to defend I have a list of conditions to my consent to the judgement being set aside:

 

1. The defendant has 14 days to file a defence.

 

2. The defendant to detail the cost of the charges to itself and give supporting evidence to such in its defence.

 

3. The defendant to pay into court the sum claimed as bond.

 

4. My costs of objecting to the judgement being set aside.

 

If you are unwilling to agree to my conditions, I am unable to give my consent to the set aside application. And the matter will have to be decided by the courts.

 

My hesitation to consider to an conditional consent stems from your clients unwillingness to defend these types of action in court.

 

I will give you until 4pm Friday 9th February to accept my conditions or make an application to court to have the judgement set aside, if your client fails to do one of these action I will have little choice but to enforce the judgement by a writ of ‘fi fa’ which will result in your client incurring further costs.

 

I will be filing a copy of this letter with court.

 

I await your position on the above.

Watch out for spelling, as I can not spell

[shanusascarabus]

Cheers Zooman, I guess my letter was a little... er....poo!!!

[Guest Zooman]

I have a problem I don't think you will be able to enter that into court as it may be to much of a reply to their offer which I am guess was written "without prejudice" we could always put on it "without prejudice save to costs", let me know if their last letter was written "without prejudice" and in the mean time I will have a think and probably ask someones else's opinion.

[shanusascarabus]

Yeah zooman they have put " Without prejudice save as to costs" on the main letter, The tomlin order does state " settlement set forth in the schedule attatched", on this schedule it does state that they will pay me the amount within 7 days of the order... But im guessing that you all think that this schedule " may be swapped with another one" once I sign their tomlin order

[Guest Zooman]

no I did not know about this, you can use the one they sent, that OK they will have to pay you within 7 days, send them that one back. This may come in handy for someone else.

 

SO WELL DONE YOU HAVE WON

[shanusascarabus]

Are we sure on this one...the Tomlin order is as I typed out before, there is a letter to sign thats the usual " although the bank is confident in its defence, the cost of defending will quickly become disproportionate blah blah blah, we will pay you £XXX amount blah blah but im responsible for contacting HMRC direct for any tax due blah blah and To sign and date the bottom, then there is a schedule and this is the exact copy of its content.

 

SCHEDULE

 

 

1 The defendant agrees to pay to the claimant within seven days of this order the sum of £XXX

 

2 The parties agree that the consideration set out in paragraph 1 above shall be in full and final settlement of the case, and of all claims, rights, actions and causes of action ( Including claims for interest and costs ) either party may have against the other arisingout of or in connection with any issue pleaded in the case.

 

 

so am i still ok to post this letter off to them

[Guest Zooman]

as long as your happy with xxxx

[shanusascarabus]

Sorry to sound like a stuck record but am I ok to send this as the actual Tomlin order says nothing about the settlement, It just refers to the schedule set forth.

[Guest Zooman]

I did not know about the schedule, you have an OK offer, the truth is you do not need to set aside under any circumstances as you have a valid judgment, but this way you will have your money within 7 days.

 

They would not try to abuse a consent order, just would not happen.

[caro]

the tomlin order...............

 

 

Upon the parties having agreed terms of settlement set forth in the schedule attached here to

 

By Consent

 

It is ordered that:

 

1 The judgment dated 15th December 2006 in the sum of £+++ against defendant is set aside

 

2 The defendants application dated 4th January 2007 to set aside the judgement is withdrawn

 

3 All further proceedings in this action to be stayed exept for the purpose of carrying such terms into effect

 

4 Permission to apply to carry such terms into effect

 

5 There be no order as to costs of this application or in the case, and neither party shall enforce against the other any outstanding orders made in this case

 

then just the usual signatures blah blah blah,

 

All a bit too technical for my liking so.................. whats going on???

 

Sorry but you didn't mention it in this post, hence the concern. I assumed the schedule was the schedule of charges. In that case, as Zooman says, you have won.

[shanusascarabus]

Sorry guys, It made sense to me when I was typing it out... I stated I had been offered the full amount and to sign the letter and tomlin order but the tomlin order only refered to the " attatched schedule" and made no mention of the amount or settlement on the actual order.... sorry for the confusion, a special thanks to Zooman and caro...... gonna send it off to barbera bell now and hopefully recieve me money... once everything is cleared ill sort the donation out.....cheers guys

[shanusascarabus]

mmmmm....still waiting for the cheque, Its been nearly 2 weeks now and i've heard nothing..... Looks like I may need to chase this up, any idea of a phone number for legal services in Glasgow??

[caro]

You might find a number on the banks defence, or possibly one of the letters. Failing that I think I found it from BT directory enquiries. Mind you, it's Friday today which seems to be the day cheques arrive.

[zebbydog]

mmmmm....still waiting for the cheque, Its been nearly 2 weeks now and i've heard nothing..... Looks like I may need to chase this up, any idea of a phone number for legal services in Glasgow??

 

Here you go mate

 

0141 242 4142

0141 242 4138

 

I used these when my cheque still hadnt arrived 48 hours before court date. They took my details and promised to ring back within an hour, which they did:o and promised the cheque would be with me the next day,which it was:eek: Hope this helps