Claimform Carter/Lowell old welcome rewrite of a car finance 'debt' - already VT'd

[BIGMAN2708]

Okay, now I have conflicting advice. One saying ignore the letter as it is their usual blurb sent out in these situations and secondly I should consider their settlement offer. But as stated they have not provided proof of the debt yet.

 

They have offered a settlement based on monthly payments but I could only afford monthly of around £40 based on my financial situation. So if I did make them an offer they could still decline my offer.

 

Going back to my defence/set off, can this still come into play or do you think they will go straight for a strike out if I fail to reply to their offer?

 

Or I they trying to call my bluff?

[dx100uk]

ignore me andys the legal man.....

 

 

dx

[BIGMAN2708]

Thanks dx. I will await a reply from Andy. Thanks for your help.

[AndyOrch]

As strong as your defence may be and may be successful.......you must also give consideration to all options...we are not telling you to proceed or to settle.

Offers of settlement can be viewed in different ways....they fear your defence...they cant be bothered to proceed or its not financially viable to proceed...or they cant disclose or prove their claim.

 

For whatever the reason they have decided to mediate...as I have stated the offer is negotiable...and using your defence/set off a deal could be struck...without proceeding without the risk of losing or attaining a CCJ...so with that in mind you could strike a deal of £10pm on an agreed figure considerably less than their claim....nothing is set in stone...and you don't need to respond by their time limit.That time limit is there to pressure you into an a decision before they decide to proceed to the next stage.

 

Whether that be an application to strike out or just to proceed to allocation...either option will cost them more expense...which reduces the profit in their purchase of your bad debt.

 

So just think about it.......

[BIGMAN2708]

As strong as your defence may be and may be successful.......you must also give consideration to all options...we are not telling you to proceed or to settle.

Offers of settlement can be viewed in different ways....they fear your defence...they cant be bothered to proceed or its not financially viable to proceed...or they cant disclose or prove their claim.

 

For whatever the reason they have decided to mediate...as I have stated the offer is negotiable...and using your defence/set off a deal could be struck...without proceeding without the risk of losing or attaining a CCJ...so with that in mind you could strike a deal of £10pm on an agreed figure considerably less than their claim....nothing is set in stone...and you don't need to respond by their time limit.That time limit is there to pressure you into an a decision before they decide to proceed to the next stage.

 

Whether that be an application to strike out or just to proceed to allocation...either option will cost them more expense...which reduces the profit in their purchase of your bad debt.

 

So just think about it.......

 

Thanks Andy. Will look at it tomorrow with a clear head and post my thoughts tomorrow. Many thanks.

[BIGMAN2708]

Hi Andy. Have been thinking over the situation this morning trying to decide my next move. Have taken your valuable advice on board. I think with my current financial situation and the effect long term this could have I feel it might be best to try and cut a deal. They may well not be able to prove their claim but I fear this is a bit of a gamble.

 

But I am still thinking about my defence/set off and wondering if I should not cut a deal and pursue the fact that the majority of the debt is made up of excessive fees/interest charges. Also, the fact that they have not provided the documents requested make me think that they will not be able to prove their claim.

 

Do I know wait for the DQ from the Court or do I respond to the Solicitors settlement letter? I assume the mediation would commence once I have completed the DQ form? Would this be the right time to then strike a deal?

 

Your advice would be greatly appreciated. Many thanks.

[AndyOrch]

Carter wants you to settle pre DQs (to save further expense) but in reality mediation should follow DQs and run independently to the claim process.

So considering he's so keen there is no harm trying to deal pre DQ.

 

The supplying of documents is irrelevant...they will only disclose at the relevant stage in proceedings (just before trial).With regards to excessive fees/interest charges please bear in mind that some DJ if not most might not agree and are part of the T&Cs that you agreed to...so nothing is a done deal.

 

If you wish to start now you must start low...considering the amounts involved.

[BIGMAN2708]

Okay, I see what you mean. What do you reckon would be a reasonable but low offer, as you say it is a large sum. Realistically I can only afford around £30 a month. Was thinking of offering 25% of the debt which is approx £1600. In your opinion is this reasonable?

[AndyOrch]

What of the claim do you think you are legally indebted to....work a figure out and base your offer on that.

[BIGMAN2708]

Okay, I will go through the statements tonight and work a figure out. The settlement letter they sent me included a form which would be sent to the court for them to “Stay” the Judgement based on my offer. Should I complete this or just put the offer in writing for now until they agree?

[AndyOrch]

A consent cant be finalised until you negotiate the terms of the settlement...which then becomes the Consent Order which stays the claim.