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Advice needed regarding Leeds based company

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  • Advice needed regarding Leeds based company

    I did start this in an old thread. Apologies.
    To briefly recap, the Lowell group and I have an imminent
    County Court meeting next Monday.
    The easiest thing would be to capitulate at this late stage, but I would like some advice Please!
    A creation credit card debt reared it's ugly head with a discount offer of 40% last year.
    Thought it was a fishing expedition, ignored it, then have court papers, I then defended it, etc.
    What interests me, is that in there witness statement, which is from there Paralegal (can't get to speak to him personally) there are some things I would like advice on.
    *Subsequently the Agreement was formally terminated by the Assignor on ----- 2013.
    Unfortunately the Assignor is unable to provide a copy of the Default Notice.
    (How significant is that)?
    The witness statement is three pages long, if interested I can post it.
    Unlike the previous case where I could negotiate, I can't get by first Base.
    Again in his witness statement he has said that my wife's solicitor telephoned and that we wished to settle the matter, via a Tomlin Order, again I was trying to get a discount response. We have not got a solicitor, that was Me!
    I can easily later today email, accept and pay in long instalments.
    My wife would prefer this. She is disabled and would not cope
    Her reasoning is that we did delay it, but as they are now aggressive and want full payment. I would make matters worse by turning up etc.
    However I don't mind going to court but at this late stage and me 'representing' my wife has she got a point.However if they are so smug would they send an advocat.
    Best wishes, any advice much appreciated.
    Tags: None

  • #2
    Re: Advice needed regarding Leeds based company

    Looks like I better settle, quick..
    Lol

    Comment


    • #3
      Re: Advice needed regarding Leeds based company

      Is your wife the Defendant in the court claim?
      If yes, will she be attending the hearing?
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: Advice needed regarding Leeds based company

        Yes she is the Defendant, and no she will not attend, hence my difficulty.

        - - - Updated - - -

        To be honest, I have left it very late, and I don't seem to have a very good defence.
        Thanks for your interest

        Comment


        • #5
          Re: Advice needed regarding Leeds based company

          However I don't mind going to court but at this late stage and me 'representing' my wife has she got a point
          Is your wife the Defendant in the court claim?
          If yes, will she be attending the hearing?
          Yes she is the Defendant, and no she will not attend
          You cannot represent her in person if she doesn't attend the hearing herself unless the court gives permission.
          https://www.justice.gov.uk/courts/pr.../pd_part27#3.1
          CAVEAT LECTOR

          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb


          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.


          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #6
            Re: Advice needed regarding Leeds based company

            Have you filed and served your witness statement?

            Next Monday - is that 31st July or 7th August ? ( if 7th you have time to write re your wife's disability and your representing her, or even just asking it to be heard on paper re non attendance )

            Did they produce a credit agreement ?


            Again in his witness statement he has said that my wife's solicitor telephoned and that we wished to settle the matter, via a Tomlin Order, again I was trying to get a discount response.
            Pretty sure that should be without prejudice and shouldn't be included in the WS.
            #staysafestayhome

            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

            Received a Court Claim? Read >>>>> First Steps

            Comment


            • #7
              Re: Advice needed regarding Leeds based company

              Many thanks for your reply.
              I appreciate your interest
              I did not file and serve a witness statement.
              It is 31st July, I was hoping to do a deal. !, Failed miserably
              Have agreed a Tomlin Order for a very low amount, just waiting to sign it. No discount
              I have seen now the Credit agreement. In there defence they can't produce a default notice.
              To be honest I was testing for some of my potential future issues, and I intend to join your 'club'
              With creation they offer discounts, and very quickly shove it into county court.
              Long term any mistakes I have made might help somebody else I will be pleased to help
              Thanks again

              Comment


              • #8
                Re: Advice needed regarding Leeds based company

                Many thanks for your reply.
                I appreciate your interest
                I did not file and serve a witness statement.
                It is 31st July, I was hoping to do a deal. !, Failed miserably
                Have agreed a Tomlin Order for a very low amount, just waiting to sign it. No discount
                I have seen now the Credit agreement. In there defence they can't produce a default notice.
                To be honest I was testing for some of my potential future issues, and I intend to join your 'club'
                With creation they offer discounts, and very quickly shove it into county court.
                Long term any mistakes I have made might help somebody else I will be pleased to help
                Thanks again

                Comment

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