Sick vs CAI Finance / Moon Beever / Lloyds TSB Overdraft***Settled by Consent***

[sick.as.a.chip]

The default date was December 2008. I assume that it would mean they must have issued a default notice?

[Guest]

The default date was December 2008. I assume that it would mean they must have issued a default notice?

 

not necessarily re a loan, as mentioned. when did they first ask for the full amount of the loan back?

 

ps, a reminder, do note the Mitchell case andy and ganymede refer to re relief from sanctions.

[sick.as.a.chip]

If you could Sick then we can give you some pointers on how to approach this hearing.

 

Andy, agreement posted.

Thanks!

[AndyOrch]

Nothing glaringly invalid standing out to me Sick:roll:

[sick.as.a.chip]

Nothing glaringly invalid standing out to me Sick:roll:

 

Thanks for looking Andy. What do you suggest I do now for the hearing?

[AndyOrch]

You will have to rely on any other arguments presented within your defence.

[sick.as.a.chip]

You will have to rely on any other arguments presented within your defence.

 

Andy this never got this far. It was a default ccj which I applied to have set aside. Then noticed they had claimed it was an overdraft when it was a personal loan. They agreed to the set aside and now we are here!

[AndyOrch]

And they have resubmitted amended particulars and corrected that point so now you must consider the new particulars and either accept or refute the claim or even try to come to a settlement pre hearing?

 

Regards

 

Andy

[sick.as.a.chip]

They have written to me today offering a settlement of £2500 if paid within 28 days. I can't do that if I had the money I'd not be in this mess in the 1st place!

Can I counter offer? Or is it worth taking my chances at court in the slim hope the judge will throw out the case because of there failure to meet deadlines!

God I'm so confused!!!

[AndyOrch]

Of course you could counter offer Sick perhaps suggest an affordable monthly amount by way of a Consent or Tomlin Order with the proviso that the claim is stayed.

[sick.as.a.chip]

Thank you all. Just to update. I've offered them a revised settlement quite a bit lower than what they offered me. With the proviso as Andy suggested that the case stays set aside. Just waiting for an order from them to sign and send to the court and that should be the end of it.

Thank you all for your help!

[AndyOrch]

Excellent Sick update your post once signed and sealed and I will amend your thread title to reflect the outcome.

 

Regards

 

Andy

[sick.as.a.chip]

Is anyone around? Need some help. The consent order does not state that the claim stays set crime? Can I write it on as it needs to be in this morning??

[AndyOrch]

Crime ?

 

If its set a side it does not need to state it will remain that way...they would have to make application should any breach of the consent happen.

 

Andy

[sick.as.a.chip]

Morning. Just to let you know the order came through from the court. The amount was paid and I've received a letter from the sols to confirm.

Thank you all so much for your help and guidance. Another one ticked off my list!

[AndyOrch]

Well done sick...thread title amended.

 

Regards

 

Andy

[Alloyz1]

agreement!

 

I had a quick look- May have missed it so double double check- but contrary to the Consumer (Credit Agreement) Regulations 1983 regulation 2 and schedule 2, paragraph 3, the document did not contain a statement in the prescribed form setting out the debtors’ right to cancel the agreement.

 

Probably de minimis but all helps if I am right.....

[Alloyz1]

haha- was reading through thread and realised you have now settled !! Well done and forget my last post