boots Vs first national {ge money}

[sammyjammy]

If it was me I would just issue the warrant, thats because I don't work well over the phone, I'm not very good at thinking on my feet, if you think you can handle a phone call with them and manage not to get involved in any conversation about the case merits etc then go for it, it would certainly save you a lot of hassle if they spring into action after the warrant is issued.

 

Keep us informed.

 

Sam

[dogwash]

If it were me I'd just issue the warrant now. They've had more than enough time. At least if you issue the warrant they'll have to do something even if it is only apply for the Judgement to be set aside. At least then you'll know what is going on. Must be Hell waiting everyday for something to happen. Good Luck.

[boots1]

thanks guys

i have decided to leave it until the end of next week before issuing the warrant once i have some cash available .

hopefully at last that will spring them into action. i know they will request for the judgement to be set aside but i cant see whats taking them so long to do it

i will keep you updated

thanks boots

[boots1]

hi guys

at last they have sprung into action

i have today received a letter from eversheds enclosing a copy of the defendants application for the judgement to be set aside on the grounds that they were never served proceedings and that the defendant has reasonable prospects to sucessfully defending the claim ,they have enclosed a witness statment with loads of legal jargon that i have not got a clue about do i need to do anything at this stage or just wait for them to file a defence ?

they have still not acknowledged anything on mcol at all yet

thanks boots

[sammyjammy]

Bummer! It sounds like just need to sit tight, GE Money are obviously determined to waste even more money so let 'em! Let the court deal with them, they will let you know if you need to do anything more.

 

Sam

[mullingarman]

Hi Boots.

Just read your thread. Bit disappointing that they are going to mess you about further. Must have been a nightmare with all this over Xmas. Good luck with claim and baby. Just sent my own Prelim letter to GE. Really hoping you get a good result.

[Parkvale]

Boots 1,

I am in a very similiar position to you . Issued judgement against first national (ge .money) on mcol yesterday 25/01/07 . The claim was served on 8th January. They also did not file an acknowledgement of service . So i went ahead and pressed the magic judgement button . I suppose this will wake them up. which

seems to have happened in your case. Iam following your case very closley.

Do you know yet if they have filed a defence with the court ?

Best of luck to you.

[boots1]

hiya

still no sign of this baby almost 2 weeks overdue !!!!!!!

i have spoken to mcol today and they said that eversheds had sent in an application notice but there was something incorrect on it so it was sent back to them unfortunately he did not know what he said that they had until 03.02.2007 and then the judgement would stay on their file for 6 years,its says on the information that i got from eversheds that they are requesting 28 days from court issuing the judgement to file a defence which would only give them until 31st jan but still nothing has even been acknowledged.

does anyone know the position here if the 28 days after judgement has been issued can they still request the judgement to be set aside he said i could issue a warrant but i think this is a bit stupid until i know what defence they are going to enter

what do you think ?

thanks boots

[Parkvale]

Boots1,

Wow 2 weeks overdue ! Iam sure it should not be long now till the little bootie

arrives . Have the court received the same information as you ? As regards request

from eversheds for 28 days to file a defence . If they have not then eversheds are

are trying to put the wind up you . I would contact the court and if they have not received the same info as you . Issue a warrant , before baby booties arrival.

Iam no legal eagle , but it looks like neversheds are trying to shut the door after the

horse has bolted .

[boots1]

hi all

i had a beautiful baby boy on 30 jan !!!!!!!!!!!!!

since the last time i logged on it seems that everything has changed with regards to erc claims and people are putting claims on hold.i received last week a letter stating being transferred to local court as an application for judgement to be set aside has been submitted on 26 jan ,on eversheds details it says they are requesting 28 from the court order to submit a defence does this mean when judgement was applied?

taking other peoples dissappointments is it worth me taking this any further?

i really cannot afford to lose any money !!

what would you think i should do should i write and request cancellation of this claim ?

from reading other threads i believe the aq comes next which costs me more which i dont really want to pay if i can not recoup and i certainly dont want to end up paying any other money for their costs .

i was just starting to feel confident about this but now i dont know what to do now

please help !!!!!!!!!

thanks boots

[Guest willowb]

I'm sorry I can't be of any help but congratulations on your baby, I hope you are recovering ok.....well done!

 

Wxxx

[boots1]

hi

can someone please advise if they think it wise that i withdraw from this ?

would i incur any further costs other than £120 that i paid to issue mcol ?

how would i withdraw ?

so far i have received a transfer notice to local court but no aq .

any help greatly appreciated

thanks boots

[Parkvale]

Boots,

Cograts, on your boot- iful baby . Normal procedure to transfer to your local court .

Local court will decide which way case will procede. I am no legal eagle, but they were so late putting a defence forward .It may yet be struck out . I understand your

worry and you must tread very carefully over this . Why don"t you give the local court

a ring and find out what the courts intended course of action is. Sorry i cannot be more precise.

[boots1]

hi

i have spoken to local court and they said they have received a defence on 30.01.2007 and it has been passed to a judge so therefore i should recieve some directions in the last couple of days is

is it best to wait and see what they say or send a letter to withdraw straight away because i really cannot afford to pay out any money i cant recoup

thanks again

boots

[Guest willowb]

It will be allocated to small claims and then it will be safe, until then I don't think you should withdraw the claim as you are liable for their costs until it is allocated.

 

What is the deal with GE money are they an aggressive sub-prime lender?

 

Wxxx

[Parkvale]

Boots,

I do tend to agree with willow b, but at the end of the day it is your money,and there is a risk in all these cases. If you can hang on until adirection from the court your route may become alot clearer.

[Parkvale]

http://www.consumeractiongroup.co.uk/forum/other-institutions/62561-parkvale-g-e-money.html

 

Boots - just have a look at this - might give you some encouragement!

[boots1]

thanks

thats great news parkvale was that claim for erc ?

 

if my claim is allocated to small claims will i need to pay for an aq before this is done ?

if it is allocated to small claims should i then withdraw ?

sorry if i sound really dim but i really have not got a clue what to do

i will wait until i hear from the court and then i will post the details and hopefully someone can help me decide what the best course of action will be

thanks again

[Parkvale]

Boots,

This was for charges not erc. What i was trying to show you was not to give these companies an inch. Stay calm and it will all become clear.Correct me if i am wrong but they were late in acknowledging and submitting their defence. The court may decide to strike out their defence . Again i am sorry to be devils advocate, but in the end it is down to what is best for you.

[boots1]

hiya

i have today received a notice of hearing from local court for 28 march it states 20 mins has been allowed for hearing and it also states it may be passed to another judge possibly at another court.it also has with it a witness statement from ge money .

i have thought about this and it is stressing me out way too much and i am worried sick about the charges i might incur,

do you think its worth trying to negotiate a settlement or just cut my losses and withdraw ?

i remember reading last week a template of a letter to negoiate and also one to withdraw i cannot find them now can someone help with a link ?

if i was going to try and negotiate where to i send the letter or can i just e mail to the solicitors ?

if i withdraw do i send this letter to the court ,ge money direct or their solicitors?

thanks again

boots1

[Guest willowb]

Hi Boots, this is the letter I used to negotiate with RBS/Cobbetts....

 

Dear Sir/Madam,

 

I am writing in accordance with my duty under the overriding objectives to continue to seek settlement of the case without the need to invoke the time of the courts. In recognition of the fact that you will incur some costs on the closing of the mortgage and in the interest of acting fair and reasonably I am thus now in a position to offer your client the chance to settle at £3,500.

 

 

We are in receipt of your Allocation Questionnaire and note that you have requested small claims track.

 

We sincerely hope that this matter can be resolved without the need for litigation saving the Court's time and resources. This offer will be open until 19th Februrary 2007.

 

Yours Faithfully,

 

But please bear in mind that my claim was against RBS and they are notorious for wanting to avoid Court action. You are fighting GE Money and they are (as Zoot would say) an aggressive sub-prime lender so if you want to just 'get out of it' I would adjust the letter like so (IMHO)......

 

-------------------------------------------------

 

 

Dear Sir/Madam,

 

I am writing in accordance with my duty under the overriding objectives to continue to seek settlement of the case without the need to invoke the time of the Courts. Due to a change in personal circumstances I am willing to withdraw the claim at this stage providing I receive a guarantee from your client that there will be no claims for costs.

 

 

We sincerely hope that this matter can be resolved without the need for litigation saving the Court's time and resources.

 

Yours Faithfully,

 

------------------------------------------------

 

And send it to the sols who are acting on behalf of GE Money.

 

Anyone else?

 

Wxxx

[Parkvale]

Boots,

Firstly what is this hearing for? It could be for GE to have the judgement set aside. What does the witness statement say from GE ? 28th march is 6 weeks away. If you feel upto it ring the court and ask them what the hearing is for. I do understand your concerns and worries about costs, because everything has changed quite alot in the mortgage ERC threads. Hopefully Willows letter will help you out if you decide to go in that direction. How is baby bootie doing ?

[boots1]

hiya

thanks for all of your messages after a thinking long and hard decided to try and withdraw without trying to negoiate as i felt i was way out of my depth and did not really understand the implciations well enough to continue.

thanks willow for the letters i forwarded the second one and have received the following information this morning

1.the consent order requests that the judgement be set aside

 

2.that there be no order for costs and each party bears their own costs

 

3.that either party are permitted to apply to the court to enforce the terms upon which this case has been stayed or to claim from breach of them without needing to bring a new claim

 

it also states on settlement agreement

 

1.this is full and final settlement on all existing or potenial claims

 

2.the parties agree to making a court order with the above details

 

3.that i agree to settle claim without any payment from defendant and that each party will bear their own costs

 

just to be 100% before i sign and return does this defo mean they cannot make any claims for anything from me ?

i am a bit unsire about the number 3 on consent order about the stay does this mean they could leter apply to court to have this case reopened ?,can someone explain this for me please

 

thanks for all of your help throughout this claim i will be glad when this is all dealt with it has been stressing me way too much

 

also i would like to say a big thankyou to willow b for the letters and zoot for her advice also thanks to parkvale for all of your help and advice over the last few weeks .

by the way baby boots if fine he is 2 weeks now and has already gained almost 2lb in weight ,he seems content and sleeps well too so far.

thanks again boots

[Parkvale]

Boots,

To me No3 reads that as long as you do not try to claim against them again . Which would be a breach of the agreement you are signing with them. They will not pursue a claim for costs against you. Again i am not a legal eagle, but the costs issue against

you looks safe. Good luck to you boots and i am sure you have enough stress on your plate looking out for baby boots.

[zootscoot]

Hi Boots,

 

I think 3 refers to the period in which it is necessary to have the judgment set aside. Ie the case is stayed in the sense that they will not seek to defend your claim and you will not seek to enforce the judgment. If you do that will be breach of the terms and they will be able to take action against you in these proceedings rather than starting a new claim.

 

Otherwise the effect is quite clear each party bears their own costs so you have effectively lost your court fee. But they can not now seek any costs from you nor you them.

 

Hope Babyboots is well and you are managing to fet some sleep at night!

 

Best wishes

 

Zoot