Lowell/Carter claimform - old Littlewoods cat Debt ..**Settled by Consent Order** missed payments - now AOE -

[jboyd83]

Sorry Andy...no there are definitely not 6k worth of charges....I had an account yes, but they havny provided any proof of any agreement......so I dont really know what my official 'grounds' are for defending to be honest.....

 

Thank you very much, i really really appreciate it

[Andyorch]

Tweaked...good to go if you are happy with the pleadings.

 

Regards

 

Andy

[jboyd83]

tHANK YOU VERY MUCH, JUST WANT TO CHECK....i DONT PIUT THE 'particulars of claim paragraphs etc' in the email do I....just my defence?

[Andyorch]

Just your defence...why are you emailing...register to use MCOL and do it on line...far safer/quicker and reliable.

[jboyd83]

i HAVE TRIED LOGGING in but its not accepting my login....I would prefer to do that....

Thanks Andyorch

[jboyd83]

Ahhhh its let me log in thank god!!!

[Andyorch]

[jboyd83]

and im not issuing any counter claim....?...just checking....eeee Im lucky to have you lot helping me or Id be in the poop without a paddle

 

** obviously not as it would cost me money....which I dont have

[Andyorch]

No...you still may have to explain why you dont owe the £5.5K:madgrin:

[jboyd83]

Ok, will they have to prove I owe it....or will I have to prove I dont....?....just wondering if I may as well make an offer to pay in instalments or not...or let it go to court for them to decide

[jboyd83]

da-da-da-da-da-dahhhhhhh....Defence Submitted with the absolutely bloody fantastical help of all of you lot....especially so from dx and Andyorch.... yous are a blinkin godsend...yous really are.

Cant thank you enough.....I thought I was a no hoper there....well, my personal court claim defending skills are no hope I know that anyway...haha

 

It did say to check 'you are submitting within 14 days of....or 28 days of.....' which Ive missed....obviously....but the lady I spoke to at the court said just get it in, as long as its in before a judgement is entered or before they do anything it will be fine....is she right?

[Andyorch]

The claim is for them to prove...to quantify and show that legal process has been followed...this is not debt avoidance but making them substantiate their claim.

 

If defending in full can pursued them to comprise their case and agree settlement as they should have done before litigation...well I dont see anything wrong in that...considering they have paid £200 for a £ 6K debt.

 

If you offer installments at this stage you automatically get a CCJ......play the game.....hold your nerve.

 

Andy

[jboyd83]

Yes sir Cap'n Sir.....playing the game.....Holding my nerve....and my purse.....

[Andyorch]

Yes sir Cap'n Sir.....playing the game.....Holding my nerve....and my purse.....

 

[jboyd83]

Right....time to get myself flippin organised......get the rest of this debt business and bleeding PE charges tackled.....so I dont have another 'skin of my teeth' meltdown!

[themadcap]

Hi,

Anyone know where the particulars of claims template for charges has gone?

ta

[jboyd83]

Hi all....had a response from my defence. Carter have offered to accept repayments from me....if not they intend to go to court.

What would you advise I do? I don't think I could cope with going to court and having to plead my case....but would they have to accept a pound a week/month whatever...would that mean they can't take me to court if I was paying the bare minimum?

[Andyorch]

It would have to be a realistic acceptable offer..if your intention is a £1 a month you would be better letting it proceed to trial and let the court set the payment rate...along with the CCJ.

 

Andy

[jboyd83]

Ok...what is classed as realistic /acceptable?!

 

I also Haven't had a CCA or response to CRP 31:14 yet...what happens with that?

 

Don't know what to do...we have lots of debts...so what happens if I offer to make regular payments but then end up having other debts to clear...can the payments be reassessed at a later date?

[Andyorch]

40-50% ?

 

With regards to the CPR and CCA requests nothing happens if you agree settlement ..but you will never know should you have proceeded to trial whether they could disclose or would have discontinued the claim.

 

With regards to other debts...disregard them for now they are not threatening a County Court Judgment.

 

Andy

[jboyd83]

Ok...so do you mean 40-50% of the total debt?

And do you mean as a lump sum or do you mean offer to pay 40-50% of the debt but in monthly instalments?..

Sorry I'm not clear on what you mean...thanks Andy

[jboyd83]

It says on the letter "accept payment of the full balance in monthly instalments"

[Andyorch]

Yes that what it states...but if you dont ask you dont get...that's the art of negotiation

[jboyd83]

Ahh..ok so you do mean offer 40-50% of the full balance.

 

Ok, they have sent a form for the court in with their letter for me to sign which states that I agree to pay the full balance

In £**** monthly instalments.

 

Can you advise me how I request/offer the 40-50%...do I have to send Carter a certain form, or do I have to speak with the court?

[Andyorch]

The best way I always find is to ring up the Solicitor and ask for the claim handler.....catch them off guard as they do not have a script then to rely on...once a verbal agreement appears to be accepted then you can can confirm in writing.

 

There is no need to involve the court at this stage with regards to offers of settlement.