PRAC Financial vs DAVEYS31 - letter received and confused, urgent help please

[Daveys31]

AmethystÂ* Diana MÂ*See attached letter. Thank you

[Amethyst]

Hmmm, okay so it isn't actually an agreement that you will make payments and the court claim will be discontinued - that doesn't even mention the court claim far as I can see ? Have you got this letter http://legalbeagles.info/forums/file...9&d=1518163693 from the court for both court claims ?

[Daveys31]

Yes I have it for both claimsÂ*Amethyst. Just wait for an update from the court then?Â*

[Amethyst]

Well, they have to the 21st Feb to comply with the court order so see if they do before you do anything else - and don't go talking to them on the phone again ! If the agreement was anything like you thought you'd agreed with them, you'd be looking at agreeing a consent order to be lodged with the court - that letter is just a standard installment arrangement letter that would be the same without any court claim being in progress, so it gives you nothing.

Did you file a defence in both claims before you got the letters from the court ?

[Daveys31]

AmethystÂ*Yes I have filed a defence on both and submitted various requests for copy agreements etc. I think the other they may just pass on as it isn't even dated. Thank you for your help.

[Daveys31]

Amethyst Diana M i have had an email regarding this with the following;

"As agreed a payment plan has now been set up for this matter, I note that the Defence was to be withdrawn, however upon speaking with Birmingham County Court I have been advised this has not yet been done by Ms *&^%. I would be grateful if you would email the court on enquiries@birmingham.countycourt.gsi.gov.uk to advise them of our arrangement and that you wish for the defence to be withdrawn."

Do I ignore this?

[Amethyst]

Okay, I think I may respond to kind of backtrack a bit, but really try get them to put in writing what the agreement is.... you withdrawing your defence, and paying them, with an order to strike looking likely within a week or so, seems a bad deal.

Dear £%$%$$*£$£*

Without Prejudice

Thankyou for your email. I discussed the possibility of entering into a payment arrangement with Mr xxxxxxxxxxx at BW Legal on XXXXXXX xxth February. The outcome of that conversation was that I enter into a payment arrangement ( £30 a month over X months ) on provision that your client withdraws their claim from the court. I have only, yesterday, received written confirmation of the payment arrangement however the letter neglects to mention the court claim at all.

I am concerned I may have misunderstood the outcome of our telephone conversation, and we need to get what has been agreed set down in writing so that there is no further misunderstanding. I am therefore unable to inform the courts of the arrangement until it has been put in writing and agreed. If you could do this for me it would be appreciated. I do wish to bring this to a close as soon as possible, however I do not wish to be disadvantaged simply because I am finding the court process difficult to navigate. Once I have the proposal in writing I will be able to make a decision how to go forwards from this point.

Kind regards

xxxxx

[Daveys31]

Thanks AmethystÂ*

[Diana M]

A condition was that my defence was withdrawn but this hasn't been done yet and I agreed it verbally, I have had a letter from them today saying they accept the proposed offer. They also said they would write to the court and discontinue with the proceedings.

Just so you know all BW Legals' calls are recorded.

Di

[Daveys31]

Diana M Amethyst I have just had the following sent through via email.

The arrangement was made on the basis that we would both email the court to advise that an arrangement had been made and we wanted to stay the proceedings, and that Ms **** would also email the court to say she would be withdrawing her defence. I have already emailed the court on 13 February 2018. At no point did we agree that the claim would be withdrawn. This is only done when the balance has been paid in full.

I would assure you that we would not be taking any action whilst the payment arrangement is in place.

If you are agreeable to the above then please email the court to say you with for the defence to be withdrawn.

In the mean time we will be complying with any court directions.

Thoughts?

[Amethyst]

Ok, at least that clears what you agreed on the phone - I don't understand why withdraw the defence - staying the claim is fine but withdrawing defence ? - I suppose that negates the order so they don't risk a strike out and lose the security of the claim being at court while you make payments, and could go straight back to court for judgment if you cease payments.

What do you want to do ? Are the payments you agreed affordable long term ?

[Daveys31]

Amethyst I can pay the amount I agreed then clear the balance in April, its not a huge amount. So do I just tell them I will withdraw and pay them? Do I need to withdraw if I start to pay it?

[Amethyst]

I just don't like the Defence withdrawal part.

I'd be happy informing the court that you have agreed settlement and the case should be stayed. You can then make 2 x £30 payments ( Feb & March ) and pay off the balance in April and it's done and dusted.

Did that email come from BW Legal ?

[Daveys31]

Yes it did Amethyst

[Daveys31]

Amethyst Diana M Morning, I have now received the POC for both cases.

The first case for my wife has all the evidence I have seen and will probably settle based on what I have disclosed (£30 per month then look to close within three months). I will withdraw my defence as its such a small amount and have it done with.

On the other case I have again received all the evidence I have seen but my question is can this be enforced if the credit agreement, application form and deed of assignment and appointment of agent and attorney isn't dated?

Thanks