Lowell/Overdales claimforn - old cap1 card (luma), old vanquis card, old O2 mobile debts - all but cap1 have been disc'd

[prince percy]

I have been trying to contact Overdales to discuss a payment and it is difficult to speak to anyone directly so i ended up emailing them last week. 

They suggesting a consent Order to give me time to make the payments but i haven't agreed a time frame.

I want to depute the the total. 

can i get a Tomlin Order at the hearing?

 

[dx100uk]

No 

 

Dx

[prince percy]

If i go to the hearing would i be able to contest the final amount owed due to the miss administration of them telling me they had discontinued the claim? My argument would be I had known it was going to proceed i would of accepted mediation?

 

I don't really have then money to make a final payment and am hoping to offer £20 a month. What happens if they don't accept the offer?

 

[Andyorch]

You submit an N245 (Post Judgment) thats if they get judgment... through the court and they make them accept it.

 

 

.

[prince percy]

I have still not heard back form the person named on the claim from Overdales despite calling and leaving several messages. 

My hearing is listed for Wednesday at 10am so it looking likely that they will get a judgement.

 

i'll update further if i get anything back from Overdales. 

 

[Andyorch]

Time to thrash out a consent order at the court before the hearing which no doubt their counsel will see if you're interested...they will only negotiate period of payment not the amount.

[prince percy]

What is a consent order and how do I negotiate with them?

i spoke to someone this afternoon and I said I could pay £20 a month but I don’t accept the full amount claimed. I offer 750 and want negotiate the full amount claimed.

they emailed just now and refused and said the hearing will go ahead.

If they do get a judgment for the full amount I can’t afford to pay it so will have to in instalments anyway so hopefully they will come back with an offer.

 

id like to avoid getting a CCJ if I can. 

 

The order they have sent me is for me to pay £100 per month which I can’t really afford at the moment. Not sure what to do?

 

[dx100uk]

On 15/11/2022 at 14:27, prince percy said:

Today i've received a Allocations to Small Track with a telephone hearing on the 11th January 2023.

 

missed WS filing date too?

 

[prince percy]

Yes this was due before Xmas. Didn’t think I had a chance and was hoping for an agreement with them.

I’m trying to call them this morning to negotiate.

 

might be able to do a bit more than I have offered but don’t know how bad things might get next year with cost of living.

 

Spent 45 minutes on the phone this morning but still can’t speak to anyone to confirm any agreement. Getting a bit frustrated with them now :(?

 

They haven't phoned but emailed me saying they agree to the £20 a month but they won't reduce the amount of the claim which is now £1179.

 

i have to pay the court up front for the consent order.

I have until 3m to sign and send it over.

 

Not happy with the total but think i don't have any other options now. 

[dx100uk]

ignore their timelines makes no odds.

[prince percy]

Is it worth trying to phone again to negotiate down?

they said more costs will be added if it goes to a hearing. I want to avoid a judgment but still feel the amount claimed is unfair. I’m annoyed they won’t speak to me and they also saying I’ve left it to late to negotiate.

[dx100uk]

well they are wrong.

 

and will i bet the hearing fee is already added but hidden - its just a scare tactic to make you agree to a higher figure.

 

we should be seeing all these emails and attachments so we have it what they are saying direct from the horses mouth not your interpretation.

you should also never converse on the phone as THEY ALWAYS LIE, as there is no record of what was said scamming you.

 

you can always argue about the total sum afterwards too, by proving you were not liable for £xxx with written proof later nad it will be removed if true.

 

have you got all the cap1 statements from day one?

 

dx

 

[prince percy]

I have the cap one statements but I dint think i could negotiate in the court and would end up with a CCJ?