Robway/Cohen/Hoist claimform re:Satan cc

[victoria_siempre]

Hi guys

Small claims 3k+ from Robway/Cohen/Hoist re:Satan cc

http://www.credittoday.co.uk/article/17468/online-news/santander-returns-to-debt-sale-rbs-to-stay-out

 

Nothing really to contest

but bandits admit to no paperwork whatsoever and don’t like CPR and Sec 78 request

(my enemy’s enemy is my friend and they can’t usually claim costs in small claims).

 

 

I have interest only mortgage with Satan in arrears and careering towards termination (both me and the mortgage).

 

 

I defended all, as per CAG line …, ticked mediation box and enjoyed mediation.

I found it very fair.

 

 

I used the National Debtline I&E to offer a modest monthly sum and was fortunate enough to be able,

via the good offices of a family member, to offer a full & final;

during mediation the bandits accepted one of these alternatives

(some understanding of net present value is helpful to enter the bandit’s Weltanschauung)

http://www.mathsisfun.com/money/net-present-value.html

 

I am unusually coy because a mediated settlement is explicitly confidential:

“Terms:-

1. The parties have agreed the following:

 

The Defendant agrees to pay to the Claimant the sum of £xxx.00 (the settlement sum) in full and final settlement of the claim to be paid by 28th x 2015.

 

2. The court will stay the case (i.e. the court will take no further steps in relation to the case)

and the claim, defence and any counterclaim will be struck out without further order of the court

(meaning that the case will no longer be treated as active) if the court has not heard from either party by 28th x 2015.

 

3. The parties will keep the information contained in this agreement confidential and not use it for any other purposes.

Other than a final written agreement, any information – whether written in a document prepared for mediation or written or spoken during the mediation

– can only be used for the purpose of mediation and cannot be referred to in any court action unless the parties agree.

The parties agree that they will not call the mediator to give evidence in any court action. “

 

The plus side is that this is a Court settlement:

 

“5. This agreement is in full and final settlement of both parties' claims, including any claim for costs, court fees, expenses or interest.”

And the bandit cannot sell it on.

 

In truth, I consider this a defeat rather than a victory but the lesson I should press is that:

· - Defend all as per CAG line to back foot the bandit

· - Amass evidence of ability to pay

· - Use mediation

x

vic

[dx100uk]

why did you offer to settle if theres no enforceable agreement?

 

 

dx

[victoria_siempre]

Hi dx

 

It was, I suppose, a tactical withdrawal, as the bishop might have said to the actress given a papal bull. The account was post 2007 and had weak legs and, given time, even the incompetent s**ts of Satan might have forced forth a horn.

 

Hence, defeat.

 

x

 

v

[dx100uk]

that's make sense then...

 

 

dx

[victoria_siempre]

Thanks dx

 

Might my MKDP post be moved to legal success?

 

x

 

v

[Andyorch]

Thanks dx

 

Might my MKDP post be moved to legal success?

 

x

 

v

 

We only move the successes to Legal Successes 2 months after Vic...so they remain in the main thread for others to read.

 

Regards

 

Andy

[victoria_siempre]

Thanks Andy

 

I'll move on; I think I'm having two Eggs for breakfast which can cause constipation.

 

x

 

v

[Andyorch]

Oh dear .......