Court Claim - PRA Group / MBNA - 28-5-2015

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Ok Im back again !!

Today I have had an email with a supposed amended Consent Order. The only thing that has changed from the one I posted yesterday is that the date has changed from December to January !

His email states the following -
I refer to the above matter and further to our telephone conversation on *********

As discussed, and as per my email below, please accept this as confirmation that our client’s intention is to withdraw from these proceedings and have the upcoming Court date vacated. Our client will write off the debt arising out of credit card with reference*********** and will not seek to pursue this debt further.

On this basis, proceeding to a hearing is unnecessary. Therefore, kindly sign the attached Consent Order and return as a matter of urgency to enable us time to file same at Court for the approval of the District Judge. Please return the document via email if possible at your earliest convenience.


They appear to be expecting us to accept his email as confirmation that it will not be pursued further , rather than actually writing it into the Consent Order which we are not prepared to do. Think they are still game playing.

Im thinking I will go back to him again , with the wording you advised me to use yesterday Nem and see if he will amend the Consent Order as such. If not we proceed to court I guess ?

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

I have typed a response advising them that they have not actually changed the Order and I am not accepting their email as confirmation that this will not be pursued further. I have asked they add in two additional points as Nem suggested above and if they are unwilling to do so that we will see them at the Hearing, and also reminded them that they have not complied with the Courts request for all Documentation that they intend to rely on be sent 14 days prior.

I haven't sent it, just waiting for someones expert nod of the head that this is the way to go please ?

[jaydee]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Hi

Just out of interest is your case allocated to small claims track? Also it is my understanding that a Claimant can discontinue at any time without the consent of the court thus why the drafting of a consent order. One further point and if my memory is correct a Claimant is not permitted to pursue the same claim once discontinued, thus again why the consent order?

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Yes it is allocated the the small claims track.

I thought the same as you that they could discontinue at any time which was why we were expecting them to issue a Notice of Discontinuance.
We have refused to sign the Consent Order as we were concerned that they would / could still pursue the claim but after my conversations with Nem above yesterday it appears that if we have amendments entered into the Consent Order that this may be better than a Notice of Discontinuance which they don't seem to be issuing. We know that they havent provided any documents to the Courts or us but we haven't been able to get through for the last two days to the courts to find out if they have discontinued. we are assuming that they haven't as they are still pursuing us ot sign this Consent Order.

I honestly don't claim to understand the ins and outs of all of this, I just really want to do whatever will be best outcome wise really. Court Case is Thursday.

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Sorry for yet another post.

Just got through tot the Court. They have confirmed again that they have received no paperwork from them.
We are thinking its a cost issue and that possibly why they are trying to get the Consent Order signed , as each time they write or email or ring they say about the cost element of going to Court. If we sign a Consent Order to put before the Judge it costs them £50 whereas a Notice of Discontinuance will cost them £150. I am wondering if this is why they are desperate for us to sign.

I still haven't posted my response to them as per my post 107, if need be I can send over first thing tomorrow.

[MIKE770]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

they are desperate???

[nemesis45]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

[QUOTE=JammyDodger41;607523]I have typed a response advising them that they have not actually changed the Order and I am not accepting their email as confirmation that this will not be pursued further. I have asked they add in two additional points as Nem suggested above and if they are unwilling to do so that we will see them at the Hearing, and also reminded them that they have not complied with the Courts request for all Documentation that they intend to rely on be sent 14 days prior.

I haven't sent it, just waiting for someones expert nod of the head that this is the way to go please.
It's up to you to decide I've given you an answer that I would use myself, and it seems no
one has disagreed.
My apologies for not being expert enough.
nem

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Nem,

I'm so sorry you misunderstood me, it was your expert nod that I was hoping to hear from based on what they sent over to me this morning. You have been nothing but unbelievably helpful all the way down the line with this.

Because they had tried once more to ask us to sign the same Consent Order , despite us asking for amendments yesterday , I was thinking that perhaps they had yet another trick up their sleeve . I just wanted to clarify that despite their insistence that we sign the original document that we should still keep on going back and forth to them asking for amendments.

I will happily get the email off to them now based on your expert advice.

Im so sorry if by my wording that you felt your help wasn't appreciated it really couldn't be further from the truth.

[Amethyst]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Sorry for yet another post.

Just got through tot the Court. They have confirmed again that they have received no paperwork from them.
We are thinking its a cost issue and that possibly why they are trying to get the Consent Order signed , as each time they write or email or ring they say about the cost element of going to Court. If we sign a Consent Order to put before the Judge it costs them £50 whereas a Notice of Discontinuance will cost them £150. I am wondering if this is why they are desperate for us to sign.

I still haven't posted my response to them as per my post 107, if need be I can send over first thing tomorrow.

the consent order will still cost them the hearing fee, so it will cost them the £50 for the consent order AND they lose the hearing fee.

I think the consent order and email confirmation that the debt will be written off is plenty, I agree with you asking them to put it in the consent order but I don't think they will as it's an out of court settlement ( in essence ). They want the consent order so they aren't liable for costs. If you want to go to the hearing then that's fine - and if you won ( you could get an anti debtor judge - there's always a risk of losing ) you could ask for costs for the day from the court ( usually about £90 ).

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Thanks Amethyst that's good to know.

I sent the email back to them asking them to amend again, this time using Nems suggestion and we will see what tomorrow brings .

Once more thank you again to everyone that has helped me with this, I have said it before but I honestly couldnt have got this far without you all.

[nemesis45]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Nem,

I'm so sorry you misunderstood me, it was your expert nod that I was hoping to hear from based on what they sent over to me this morning. You have been nothing but unbelievably helpful all the way down the line with this.

Because they had tried once more to ask us to sign the same Consent Order , despite us asking for amendments yesterday , I was thinking that perhaps they had yet another trick up their sleeve . I just wanted to clarify that despite their insistence that we sign the original document that we should still keep on going back and forth to them asking for amendments.

I will happily get the email off to them now based on your expert advice.

Im so sorry if by my wording that you felt your help wasn't appreciated it really couldn't be further from the truth.

No problem !!
I apologise for misinterpreting your response!!

nem

[JammyDodger41]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Apologies for not posting sooner, but I just wanted to let you know that they agreed to amend the Consent Order as per Nemesis recommendations.

The Consent Order was presented to the Judge and approved . Thankyou again for everyone's help with this , as I couldn't have done it without you !!

[nemesis45]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Apologies for not posting sooner, but I just wanted to let you know that they agreed to amend the Consent Order as per Nemesis recommendations.

The Consent Order was presented to the Judge and approved . Thankyou again for everyone's help with this , as I couldn't have done it without you !!

Good Morning JD, Happy New Year.

Well done!!

Nem

[Scousebird333]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Hi
One further point and if my memory is correct a Claimant is not permitted to pursue the same claim once discontinued, thus again why the consent order?

Sorry to hijack thread..... but is this so? I thought dca COULD reinstigate claims even after a discontinue (specific to a claim brought but discontinued before defendant even acknowledged).

Advice welcomed. Thanks.

[nemesis45]

Re: Court Claim - PRA Group / MBNA - 28-5-2015

Sorry to hijack thread..... but is this so? I thought dca COULD reinstigate claims even after a discontinue (specific to a claim brought but discontinued before defendant even acknowledged).

Advice welcomed. Thanks.

Technically a claimant could apply to the court to re start a claim, but its by no means easy so to do.
They cannot claim again on the same evidence as presented in the original claim.
This particular thread is in regard to a Consent order and modifications to it.

nem