Please help! County court letter received.

[scoey1001]

Also the paperwork doesn't have a signed credit agreement etc. it is just 2 letters from Vodafone asking for payment and statements of mobile phone usage. Also i don't think there is any document showing when the debt was sold on just a line in the witness statement (could be wrong on this though). However it looks like she is still bang to rights on the balance of probabilities anyway, hence her wanting to pay up.

[Amethyst]

Adobe isn't great for redacting documents unless you have the Pro version ( then you can use the redaction tool). When I don't have the Pro version I tend to do screenshots of each page and edit the image in Paint to remove personal details and post it as an image.

[Amethyst]

If she's intending on paying the full amount in one go then there wouldn't be a CCJ, as the claim is paid and there's no judgment.

If she's not paying the full amount and comes to a settlement then it is likely she would want to have the agreed settlement written under a consent order to put the claim on hold until such time as she has paid - sometimes that costs £100 to lodge with the court though so the discount negotiated would have to be more than £100 to make it worthwhile. Consent order/Tomlin orders examples http://legalbeagles.info/forums/foru...-credit-claims to get an idea what they are.

[Diana M]

Amethyst, i could post the document later today tomorrow

Since you say Lowells have exhibited a screenshot of your forum thread as part of their evidence to the court, it would be unwise to post up any documents (even redacted ones) or discuss your case in any detail, especially because you now know that they have been monitoring this thread.

If I were you I would ask Admin to move your thread to protect your legal position.

Di

[jaguarsuk]

How would making payment in full result in a CCJ ??

If they refused full and final settlement then proceeded to the hearing presenting the offer of payment as admission of the debt.

Given they have offered discounted settlement that is unlikely though.

[Amethyst]

From what's been said it's not the thread, it's the example defence - but as I said previously ( email me if you prefer - admin@legalbeagles.info )

[scoey1001]

Diana, they did not mention this thread just that the template used is one found on this webiste.

Update: She has rang Lowells solicitors and with the 20% discount (which expired yesterday) the amount was £705. She initially offered them £500 to settle and they said £550 and it was done. Apparently they have told her that is the end of the matter and everything is cancelled?

Why would they do this? does it cost them that much to send someone to court they would negotiate down even though they have 'overwhelming' evidence? -confused-

Edit: she is now moaning that she should have made an even lower initial offer than the £500 lol. Do we think she has made an ok deal in the circumstances?

[Amethyst]

If they refused full and final settlement then proceeded to the hearing presenting the offer of payment as admission of the debt.

Given they have offered discounted settlement that is unlikely though.

No sure they can refuse payment in full and still proceed to court with the claim having been paid, but yes if it's an offer of a lower amount which isn't accepted, then they could do if the offer isn't made 'Without Prejudice'. I was simply going off the OP stating

My partner is calling them later today to pay the debt in full (with help from her mum) :-(

[Amethyst]

Diana, they did not mention this thread just that the template used is one found on this webiste.

Update: She has rang Lowells solicitors and with the 20% discount the amount was £705. She initially offered them £500 to settle and they said £550 and it was done. Apparently they have told her that is the end of the matter and everything is cancelled?

She needs to ask them to put that in writing before making the payment ( email is fine ) and confirm they are accepting that £550 in full and final and that once they have the payment they will then discontinue the claim. If it's going to be a one off payment rather than installments I don't think there's any need for a consent order, but you should get them to confirm in writing before making the payment.

[jaguarsuk]

Diana, they did not mention this thread just that the template used is one found on this webiste.

Update: She has rang Lowells solicitors and with the 20% discount (which expired yesterday) the amount was £705. She initially offered them £500 to settle and they said £550 and it was done. Apparently they have told her that is the end of the matter and everything is cancelled?

Why would they do this? does it cost them that much to send someone to court they would negotiate down even though they have 'overwhelming' evidence? -confused-

She needs to inform the court that it was settled, I assume they agreed to email a receipt for payment and if not get back on to them to ask for one. As them to confirm that the amount was paid in "Full and Final Settlement of Claim Number XXXXXX"

Then a copy can be forwarded to the court to confirm you have settled.

[jaguarsuk]

No sure they can refuse payment in full and still proceed to court with the claim having been paid, but yes if it's an offer of a lower amount which isn't accepted, then they could do if the offer isn't made 'Without Prejudice'. I was simply going off the OP stating

Agreed and as I thought from the latest development they're not going to turn down even the lower amount given what they will have paid for it.

[Diana M]

If they refused full and final settlement then proceeded to the hearing presenting the offer of payment as admission of the debt.

Given they have offered discounted settlement that is unlikely though.

That was the point I was making.

Negotiations must always be conducted "Without Prejudice" . Phone calls can be WP.

Di

[jaguarsuk]

She needs to ask them to put that in writing before making the payment ( email is fine ) and confirm they are accepting that £550 in full and final and that once they have the payment they will then discontinue the claim. If it's going to be a one off payment rather than installments I don't think there's any need for a consent order, but you should get them to confirm in writing before making the payment.

I think the ship has sailed on this one, seems as though they paid on the phone there and then!

[jaguarsuk]

That was the point I was making.

Negotiations must always be conducted "Without Prejudice" . Phone calls can be WP.

Di

Totally agree, the latest development of paying on the phone and not having agreed F&F prior leaves them wide open to this being continued to a CCJ.

I just hope they are true to their word and this is the end of it for the OP's sake.

[scoey1001]

I think the ship has sailed on this one, seems as though they paid on the phone there and then!

This is correct. I have just texted her to ring them back and ask for email confirmation.