No default, No pre action letter, now a County Court Claim Form

[echat11]

So if we go to court am i going to get a ccj?

No, the Courts don't work like that, the only way you get a CCJ, is if you ignore a Judgement made by the Court. You are a long way off that.

[THEJONAS]

So what you could do is send a Without Prejudice Save as to Costs letter (that must be written on the letter).

Set out your Terms for settling the Claim i.e. £XXX over 6 years, they also waive the interest etc.

The Judge / Court won't look at this letter, until after the case. You can show the Court you tried to settle the claim, but the Creditor wasn't interested. This may prevent the Creditor claiming costs against you (dependant on if you've kept to the CPR rules).

https://hallellis.co.uk/without-prejudice-in-disputes/

Send an Income and Expenditure Form, make allowances for the 'Cost of Living' crisis.
Food, energy etc. Don't over commit.

https://nedcab.cabmoney.org.uk/

They know that a Court will only ask you to pay what you can afford.

On the Income and Expenditure form there is an offer section. Should i offer the amount payable over 6 years or should i leave it. They said if i make an offer it might avoid a court hearing. I can comfortable pay in 6 years.

[echat11]

On the Income and Expenditure form there is an offer section. Should i offer the amount payable over 6 years or should i leave it. They said if i make an offer it might avoid a court hearing. I can comfortable pay in 6 years.

Leave it blank.

In the covering letter you can write £XX paid over 72 months.

[THEJONAS]

Leave it blank.

In the covering letter you can write £XX paid over 72 months.

So the covering letter cannot be used against me in court right? Without prejudice.

[echat11]

So the covering letter cannot be used against me in court right? Without prejudice.

Correct, the Judge will only look at it after the Hearing.

[THEJONAS]

Correct, the Judge will only look at it after the Hearing.

Does the letter have to be formal? If so, is there like a template? Also, can I explain my situation that I have a severely disabled son who requires round-the-clock care, which has affected my ability to work full-time? Sending the letter today

[echat11]

Does the letter have to be formal? If so, is there like a template? Also, can I explain my situation that I have a severely disabled son who requires round-the-clock care, which has affected my ability to work full-time? Sending the letter today

Make sure you write Without Prejudice on the letter and get Proof of Postage.
Add your personal circumstances i.e. your disabled son, the cost of living (food, energy etc) etc.

https://www.citizensadvice.org.uk/de...itor---letter/

[THEJONAS]

Make sure you write Without Prejudice on the letter and get Proof of Postage.
Add your personal circumstances i.e. your disabled son, the cost of living (food, energy etc) etc.

https://www.citizensadvice.org.uk/de...itor---letter/

Thanx

[THEJONAS]

Make sure you write Without Prejudice on the letter and get Proof of Postage.
Add your personal circumstances i.e. your disabled son, the cost of living (food, energy etc) etc.

https://www.citizensadvice.org.uk/de...itor---letter/

Should i write Without Prejudice Save as to Costs or just Without Prejudice

[echat11]

Should i write Without Prejudice Save as to Costs or just Without Prejudice

Without Prejudice Save as to Costs

[THEJONAS]

Without Prejudice Save as to Costs

An Update on MCOL case was transferred to my city. What does it mean?

[echat11]

An Update on MCOL case was transferred to my city. What does it mean?

For the local Court to administer the case and where the Hearing might take place if the case isn't resolved before then.

[THEJONAS]

For the local Court to administer the case and where the Hearing might take place if the case isn't resolved before then.

Got an email from the creditor

Furthermore, please be advised that any acceptance of your offer would be on the condition that the same is agreed by way of a Tomlin Order. A Tomlin Order would place a stay on the legal action which is ongoing so that no Judgment is granted against you subject to your maintaining the agreed repayments. Our client would also require that the costs they have incurred to date be included in the Tomlin Order.

What do u think?

[echat11]

Got an email from the creditor

Furthermore, please be advised that any acceptance of your offer would be on the condition that the same is agreed by way of a Tomlin Order. A Tomlin Order would place a stay on the legal action which is ongoing so that no Judgment is granted against you subject to your maintaining the agreed repayments. Our client would also require that the costs they have incurred to date be included in the Tomlin Order.

What do u think?

It's really got to be your decision. But that's pretty much what you wanted, especially the period to make the payments. You could write another 'Without Prejudice Save as to Costs' letter stating, you agree to the Tomlin Order, but that you didn't receive the pre action letter prior to their clients Claim and as there is a 'cost of living crisis' which directly impacts you and your family as stated in your previous letter, you don't believe that you should be held liable for their client's costs.

[THEJONAS]

It's really got to be your decision. But that's pretty much what you wanted, especially the period to make the payments. You could write another 'Without Prejudice Save as to Costs' letter stating, you agree to the Tomlin Order, but that you didn't receive the pre action letter prior to their clients Claim and as there is a 'cost of living crisis' which directly impacts you and your family as stated in your previous letter, you don't believe that you should be held liable for their client's costs.

Ok thanks will update