Recived a court claim I thought was over with .

[radio man]

Re: Recived a court claim I thought was over with .

I have taken some legal advice from a local solicitor and I now await there draft consent letter which must be worded correctly
I will keep you posted as to what happens next .

[miliitant]

Re: Recived a court claim I thought was over with .

You have been told what the best option is for you to do

its now your decision, but make the right one as it may end up costing you 7 grand with costs

[radio man]

Re: Recived a court claim I thought was over with .

any further thoughts anyone before i make a decision of what to do .:confused2:

[alsagerman]

Re: Recived a court claim I thought was over with .

any further thoughts anyone before i make a decision of what to do .:confused2:

Yes, just one. Stop messing about and follow the advice you've been given above. You are in danger of costing yourself several thousand pounds. No use running around like a headless chicken, LISTEN TO GOOD ADVICE.

[alham]

Re: Recived a court claim I thought was over with .

I have taken some legal advice from a local solicitor and I now await there draft consent letter which must be worded correctly
I will keep you posted as to what happens next .

Radioman, STOP already. Please listen to the people who know and who are not dependent on your money (unlike your local solicitor). Teaboy is giving a very solid advice PLUS other people DO know how your adversaries work. So, you can write any letter you want "without prejudice" but remember, if you think that they are letting you off beware, you will be screwed and shafted. Whilst you have an advantage capitalize on it.

[radio man]

Re: Recived a court claim I thought was over with .

Radioman, STOP already. Please listen to the people who know and who are not dependent on your money (unlike your local solicitor). Teaboy is giving a very solid advice PLUS other people DO know how your adversaries work. So, you can write any letter you want "without prejudice" but remember, if you think that they are letting you off beware, you will be screwed and shafted. Whilst you have an advantage capitalize on it.

There are 2 lots of advice here so which one do i take one says pay and the other says go to court
you each say to follow the advice given its no wonder i am like a head less chicken as i am stressed and confused .

[alham]

Re: Recived a court claim I thought was over with .

Radioman, to avoid any misunderstanding I will try to summarise our understanding of the case and your options.

You owed £7k which, for whatever reason, has become statue barred as far as you are concerned. A year ago there was a court case against you to which you filed a defence but heard nothing back. Recently, you received a court judgement for £300 which represented an installment payment against a debt. Neither the court papers nor the judgement specify the exact amount of the debt.

You applied to court for a set aside, and recently you received a "without prejudice" offer from the claimant's solicitors agreeing to a set-aside if you agree not to pursue the court fees.

Your questions were:
Shall I apply for a set aside;
What is "without prejudice" offer;
Should I accept the offer.

Our advice has been to apply for a set-aside and if you are prepared to accept their offer make sure that it is structured in the way to prevent them restarting the case at some later date, that it is signed by BOTH parties and sealed by the court BEFORE you vacate your court slot; otherwise go to court and get your set-aside.

You told us that you have a solicitor preparing a response on your behalf, and again we suggested that solicitors will only do what you tell them and most time their attitude is "accept a very generous offer" because their engagement ends that moment and they get paid straight away (whether or not you are on legal aid or paying). Obviously, they are hopeful that when the other party comes back after you they will be involved in the case in the future.

You have the knowledge now, we can't make a decision on you behalf. Remember, we are just interested amateurs (on most parts) whom have been through the various legal processes of our own, survived and acquired a valuable experience which we are prepared to share with other folks to help them through the process.

[radio man]

Re: Recived a court claim I thought was over with .

Radioman, to avoid any misunderstanding I will try to summarise our understanding of the case and your options.

You owed £7k which, for whatever reason, has become statue barred as far as you are concerned. A year ago there was a court case against you to which you filed a defence but heard nothing back. Recently, you received a court judgement for £300 which represented an installment payment against a debt. Neither the court papers nor the judgement specify the exact amount of the debt.

You applied to court for a set aside, and recently you received a "without prejudice" offer from the claimant's solicitors agreeing to a set-aside if you agree not to pursue the court fees.

Your questions were:
Shall I apply for a set aside;
What is "without prejudice" offer;
Should I accept the offer.

Our advice has been to apply for a set-aside and if you are prepared to accept their offer make sure that it is structured in the way to prevent them restarting the case at some later date, that it is signed by BOTH parties and sealed by the court BEFORE you vacate your court slot; otherwise go to court and get your set-aside.

You told us that you have a solicitor preparing a response on your behalf, and again we suggested that solicitors will only do what you tell them and most time their attitude is "accept a very generous offer" because their engagement ends that moment and they get paid straight away (whether or not you are on legal aid or paying). Obviously, they are hopeful that when the other party comes back after you they will be involved in the case in the future.

You have the knowledge now, we can't make a decision on you behalf. Remember, we are just interested amateurs (on most parts) whom have been through the various legal processes of our own, survived and acquired a valuable experience which we are prepared to share with other folks to help them through the process.

Alham thank you for that explanation that makes more sense to me now ,

I will type up the schedule of the order and post it shortly please let me have your thoughts when it is posted
again thank you .

[radio man]

Re: Recived a court claim I thought was over with .

OK here we go this is known as a Tomlin order .

By consent

It Is ordered That.

1) the judgement dated **/**/2012 be set aside and the hearing listed on the **/**/**** be vacated

2) all further proceedings in the case be stayed upon the terms set out in schedule 1 hereto save for the purpose of
enforcing or carrying into effect the said terms with liberty to apply for that purpose

3 and it further ordered that there shall be no order as to costs


SCHEDULE 1

1 Within 14 days upon this order being sealed the claimant agrees to file and serve notice of discontinuance against the defendant
and the defendant agrees not to pursue any order as for costs against the claimant respect of such discontinuance

2 the parties agree that the action specified in paragraph 1 of this schedule is in full and final settlement of the claim and the defendant shall be
discharged from all further liability arising out of or in any way connected with the subject matter of the claimants action against him.
Now this was drawn up by there solicitor not mine what do you think

radio man

[alham]

Re: Recived a court claim I thought was over with .

OK here we go this is known as a Tomlin order .

By consent

It Is ordered That.

1) the judgement dated **/**/2012 be set aside and the hearing listed on the **/**/**** be vacated

2) all further proceedings in the case be stayed upon the terms set out in schedule 1 hereto save for the purpose of
enforcing or carrying into effect the said terms with liberty to apply for that purpose

3 and it further ordered that there shall be no order as to costs


SCHEDULE 1

1 Within 14 days upon this order being sealed the claimant agrees to file and serve notice of discontinuance against the defendant
and the defendant agrees not to pursue any order as for costs against the claimant in respect of such discontinuance

2 the parties agree that the action specified in paragraph 1 of this schedule is in full and final settlement of the claim and the defendant shall be
discharged from all further liability arising out of or in any way connected with the subject matter of the claimants action against him.
Now this was drawn up by there solicitor not mine what do you think

radio man

To me it looks very fair and final. Make sure that all the correct details appear on the order (Clients name, Solicitors name, Case number, you (as Defendant) etc...). (it may be appropriate to conclude the schedule with a term "providing that once the action in paragraph 1 of this schedule has been carried out, the parties’ respective liabilities, each in respect of the other, shall be discharged")

Also, as you probably know, only ONCE you you have a sealed copy of the agreement in your possession (having a stamp from the court) you send in a form vacating the date (I think a simple letter to the effect, copied to their solicitor). This has to be done within 14 days of the order .

Also, until you have sealed order in your hand carry on preparing your defence, etc.. and DO follow all the dates!!! Well done and good luck

[alham]

Re: Recived a court claim I thought was over with .

See if other members agree with me, often they can spot mistakes others missed. Legal kennels are us.

[miliitant]

Re: Recived a court claim I thought was over with .

seems concrete enough

and the defendant shall be
discharged from all further liability arising out of or in any way connected with the subject matter of the claimants action against him.

but i have to ask myself why, what am i missing for them to forgo 7 grand just like that as you have just kissed that debt to the history books of your life

what though if they sell the debt to another DCA

thats another creditor not party to the tomlin order

[alham]

Re: Recived a court claim I thought was over with .

seems concrete enough

and the defendant shall be
discharged from all further liability arising out of or in any way connected with the subject matter of the claimants action against him.

but i have to ask myself why, what am i missing for them to forgo 7 grand just like that as you have just kissed that debt to the history books of your life

what though if they sell the debt to another DCA

thats another creditor not party to the tomlin order BUT the same debt which ceased to exist

Also, Tomlins order restores timebar as it returns both parties to pre original judgement state.

[miliitant]

Re: Recived a court claim I thought was over with .

When is the six years up for statute barred

[radio man]

Re: Recived a court claim I thought was over with .

When is the six years up for statute barred

December 2004