diskmandave vs aqua card - MCOL action - ** Settled/Cheque Banked **

[Mike_hawk]

I think I'd want it wrapped up within a consent, no protection from possible costs exposure if it wants to play silly buggers after you discontinue

[diskmandave]

I'll include that in the letter Mike..

 

This acceptance is conditional upon your client consenting that once the matter is discontinued, that no party

in this matter (including DLA Piper) may pursue the other for costs. The issue of a cheque will signify said consent.

OK ? Edited January 22, 2014 by diskmandave

[honeybee13]

Hello DMD, that sounds hopeful for you.

 

Thread title amended as requested.

 

HB

[Mike_hawk]

I'll include that in the letter Mike..

 

OK ?

 

Needs a sealed order really Dave, it should understand that it protects both parties and is in its interests to agree..... the court can't order a withdrawal/discontinuance so the effect is that you would be consenting to dismissal of the case on agreed terms.

 

You could bell the other side and state that you agree to its value of settlement but that it should go a little further and agree to file [at its cost] a consent to dismiss.

 

Something along the following lines should suffice.......... Check with Andy or sp first though, can't see there's anything I've missed but as always its best to double check.

 

 

CONSENT ORDER

 

Upon the parties hereto having agreed the terms hereof

 

BY CONSENT IT IS HEREBY ORDERED THAT:

 

1. The Defendant do pay the Claimant the sum of £650.00 on or before xxxx (date).

 

2. Upon payment being made pursuant to Clause 1 herein the Claimant's claim be dismissed.

 

3. The parties agree that the terms of this Order are in full and final settlement of this claim numbered xxxxxx at xxxxx County Court inclusive of interest, costs and Court fees.

 

4. There be no order as to costs.

 

The parties agree to an Order being made in the above terms.

 

 

Dated xxxxx

 

 

Claimant xxxxxxxxxxxx

 

Defendant xxxxxxxxxxxx

[diskmandave]

I've put it in writing.. Thanks.

Edited January 22, 2014 by diskmandave

[AndyOrch]

Well done Dave ...nice to see you have not lost your touch:wink:

 

Regards

 

Andy

[Bazooka Boo]

Excellent

[diskmandave]

I've had a letter from Tameside County Court today asking for The £110 Court Fee by..xX.X..Xx...

Hearing date now set for 4th April.. Tameside C ounty Court.

 

So, if I don't get my cheque by the deadline stated in todays letter, the Court Fee will be

paid and the FULL amount will sought PLUS full costs.... Todays letter was sent 1st Recorded

before the 12 noon deadline..

[Mike_hawk]

If it settles later than you requested and you've filed the fee you should still be able to request a full refund within the sct

 

Fee 2.3 is payable by the claimant except where the action is proceeding

on the counterclaim alone, when it is payable by the defendant:

on the defendant filing a pre-trial check list; or

where the claim is on the small claims track or the court fixes the trial date

or trial week without the need for a pre-trial check list, within 14 days of

the date of despatch of the notice (or the date when oral notice is given

if no written notice is given) of the trial week or the trial date if no trial

week is fixed.

Where a case is on the multi-track or fast track and, after a hearing date

has been fixed, the court receives notice in writing from the party who

paid the hearing fee that the case has been settled or discontinued then the

following percentages of the hearing fee will be refunded:

(i) 100% if the court is notified more than 28 days before the hearing;

(ii) 75% if the court is notified between 15 and 28 days before the hearing;

(iii) 50% if the court is notified between 7 and 14 days before the hearing.

Where a case is on the small claims track and, after a hearing date has

been fixed, the court receives notice in writing from the party who paid the

hearing fee, at least 7 days before the date set for the hearing, that the case

has been settled or discontinued the hearing fee will be refunded in full.

[diskmandave]

Thank you Mike....

[The GodMother]

Personally l would have told them if the money is not cleared funds in my account by xx date then you will be filing with the courts for the fees per letter received today

[diskmandave]

Got to protect myself from them coming at me for costs after I discontinue C..

 

If they don't play ball I'll pay the hearing fee and go after them for the full

amount plus all costs...

[Guest]

diskmandave

in the meantime, well done re the 'provisional' settlement.

[diskmandave]

Letter delivered and signed for 24/01/2014.

[The GodMother]

I ment the hearing fee. Sorry for some reason not sleepng properly

[orfoster]

Congratulations!!!

 

I have my hearing coming up on 27 Feb so am waiting to see what happens.

[diskmandave]

All done folks.... Cheque banked.

 

 

I believe it is now customary around these parts to release the balloons...!! :whoo:

 

[AndyOrch]

Well done Dave....you really should be posting/advising more in Debt Collection.

 

 

Thread title amended.

 

 

Regards

 

 

Andy

[havinastella]

Congrats Dave, little contribution

[diskmandave]

Congrats Dave, little contribution

 

Already done Stellybobs!

[maroondevo52]

Good stuff Dave, well done

[ims21]

Already done Stellybobs!

 

Stellybobs love it.

 

Excellent result Dave...well done

[Guest]

well done diskmandave.

nice CO from mike #129.

[Mike_hawk]

Excellent news Dave

[diskmandave]

The Sheriff next !