HFC issued court proceedings - Restons Collection Charge removed

[fuzzybrain]

Re: HFC issued court proceedings

Right have faxed and emailed and posted the offer to Restons, so will wait and see what/if they reply with.

I have copied the amended defence and its ready to print out. Is it worth waiting until Tuesday to see restons respond (although unlikely they will agree!!) but if they do it could save me the expense of filing an amended defence.....

With the AQ is it worth sending this back now and tick the box that asks for the case to be stayed for a month to see if a settlement can be reached

[Amethyst]

Re: HFC issued court proceedings

I dont know what settlement you expect honey - Restons will get a CCJ whatever and will apply for a CO whatever - best to get it on your terms and set by the court so they cant play silly buggers in a few months.

[fuzzybrain]

Re: HFC issued court proceedings

Ok, will download the form and send the ammended defence asap. Given my credit file a CCJ isn't going to make any difference!!!!

Thanks

[Amethyst]

Re: HFC issued court proceedings

Exactly. :kiss:

[fuzzybrain]

Re: HFC issued court proceedings

I'm being thick again!! How do i get the N244 form - does anyone have a link to it?? I tried the HMCS but the form i downloaded didn't say amended defence..... Also how do i find out what the cost is

[Guest]

Re: HFC issued court proceedings

N244


You may not have to pay - look here. EX160

[fuzzybrain]

Re: HFC issued court proceedings

Have spoken to my lcoal court to ask about an amneded defence form and fees etc and they advised fillng in the AQ and sending it back with the amended defence and they will put it before the judge and he will decide what the next step should be.

they send they didn't think i needed to fill in a seperate form and if it is required the judge would let me know.

[fuzzybrain]

Re: HFC issued court proceedings

I have filled in the AQ form and attached the defence and I&E to it as my local court suggested - well it saved me the court fee doing it this way and the court did say that if the judge wanted is another way they would let me know and send out the correct forms.

I have sent a copy of all of the above to restons (Court said that Restons haven't sent their AQ back yet, but i'm not suprised by that as we have a few days left before the deadline)

So its wait and see time - I can't do anymore than i've done, so i guess i will have to wait for the next development........

Thanks to Ame, who has given me so much support and help - I really appreciate it very much indeed.

[Amethyst]

Re: HFC issued court proceedings

yep sounds like a plan.

You with me with the carrying on with court processes regardless of Restons shmoozing for the moment?

[fuzzybrain]

Re: HFC issued court proceedings

Have just received a letter from restons....

Thank you for youe letter dated 22/07/09

Your offer is agreed in principle, hwoever this will be subject to the consent of co-propritors and prior chargees to the proposed voluntary charge

Whilst the necessary forms are being prepared perhaps you can write to your mortgage company to seek their consent.

In the meantime we suggest we both file AQ requesting a stay of proceedings.


I guess this means my offer is accepted, but why do i have a sinking feeling that things just got worse....... Does anyone have any thoughts.

I have already submitted my AQ and defence to the court with request for a CCJ to be awarded with a repayment order. I did send restons a copy of everything i sent the court - but they haven't acknowledged this.

The want me to write to the mortgage company - what do i say to the MC???? Any suggestions????

[Amethyst]

Re: HFC issued court proceedings

basically they have agreed to ;

dismiss the current legal proceedings
removal of the collection charge
not to add any further interest or charges to the debt.

You have agreed;

to repay the sum of £20,876.08 by monthly installments of £150.00
accept a voluntary Charging Order



Now you need to get this confirmed possibly by a Tomlin/Consent order lodged with the court so if they go back on the collection charge or interest you can go back to court to get it enforced.

So you can ask for a stay whilst you are negotiating (as you still are) - I would put something in how the case cannot be deemed as settled/withdrawn without the agreement of both parties tho, you want to get the tomlin in before they withdraw. I wouldnt bother writing to your mortgage company tho - hfc have to do the forms and pay the relevant fees to lodge the charge with the land regsitry.

[fuzzybrain]

Re: HFC issued court proceedings

I had asked for the case to be stayed on the AQ as i stated i had written to the other party with an offer and was awaiting their reponse.

Is this good?? I'm so confused with where i am i haven't got a clue!!

[Amethyst]

Re: HFC issued court proceedings

You didnt say you had done that.

[Amethyst]

Re: HFC issued court proceedings

Okay, what exactly did you write on the AQ ?

[fuzzybrain]

Re: HFC issued court proceedings

Erm.....
I ticked the box for a tay so settlement could be attemped. I didn't either both when is asked if i wanted a one month stay - i left it blank. I said no to a mediation appointment.

I asked for teh case to be heard at Thanet court as i am a single person and do not have the resoures to travel to the claimants area.

Left the pre action protocols blank
Left the claim managemt blank

And attached the defence to the AQ.
Ticked to indicat that document were attched to the AQ
ticked to say i had sent the documents to the other party
Ticked no for do i intend to make any application in the near future


I have checked with my local court and they definately have my AQ. Restons haven't fied theirs yet, but then the deadline is tomorrow, so i guess they still have time.
In teh blank box i said

I wish to admit to £20,867.08 of this debt and ask th court to issue a payment order of £150. I still intend to defend the collection charge of £3550.09 as i feel this is dispropriate penalty

I have made the repayment of £150 to the claimant but have not received a response
I ask the court to grant relief from interest and charges

I have made £514.41 since Feb 2009 and these were not deducted from the balance by the claimant. A payment of £149.70 was sent on 22/07.09 which will make a balance of 664.11 in payments since Feb 2009

I left experts blank
Track i asked for small claims and stated that I am no longer disputing th whole debt, just the collection charge added and the balance as the c,aimant has not deducted any payments from the balance since Feb 2009

Gave dates when unavailable