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What is a Consent Order

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  • What is a Consent Order

    Hi im a newbie, i'll start with a brief background which will lead to the explaination of the title.

    CCA fast or multi track case
    1. Lloyds TSB Gold Card, between 1996 and 1998 I think.
    2. Last payment to CC March or April 2012, when wages dropped to half. No contact with Lloyds after this date - due to prolonged period of illness.
    3. January 2013 court papers from Northampton received
    ‘by agreement in writing & regulated by the CCA 1974, the Claimants issued to the Defendant a credit token, Lloyds Bank Gold Card, for the purpose of the Defendant acquiring goods/services on credit.
    The agreement provided that the Claimants would furnish the Defendant with a monthly statement showing the balance currently due, the minimum payment to be made and the date for payment. If the balance was not paid then provided the Defendant made the minimum payment on or before such date the remainder of the balance should remain outstanding and the Defendant should pay interest upon it per month in accordance with the agreement. In breach of the agreement, the Defendant failed to make payment and on the 12/6/12 the Claimants issued a Default Notice pursuant to section 87(I) of the CCA 1974. On the 13/7/12 the Claimants did issue a Formal Demand to the Defendant. The Claimants therefore claim the balance due under the agreement…..
     
    4. February 2013, SARs and CPR request submitted to Lloyds and SCM respectively. Recorded Delivery
    5. February 2013 CCA request made to Lloyds. Recorded Delivery
    6. February 2013 response from Lloyds advising I must provide signature to have my SARs proceed.
    7. February 2013, response to CCA request. Provision of recon and a signed statement of account and stating
    ‘The office of fair trading has recently issued a press release with Ray Watson Director of the OFT’s Consumer Credit Group, stating consumers have a right to information on debts they owe, but it is important that they realise that these sections of the Act cannot be used to write off legitimate owed debts. You can find more details of this press release at…..’
    8. February 2013, signature response provided re SARS. Recorded delivery
    9. February 2013, further letter to SCM reminder CPR still outstanding
    10. February 2013 response from SCM. CC statements from 2000. But its obvious that an account was in place before this or why would the account start with an outstanding balance in excess of £2,000??
    11. Response re SARS confirming receipt of signature and SARs response by April 2013.
    12. February 2013 ‘embarrassed defence submitted’ citing unable to provide full defence as CPR14 not complied with and denying liability, (SCM response received after defence submitted - i think they send their post by 2nd class)
    13. March 2013, reminder to SCM as CPR still not fulfilled and querying CC statements as not provided back to inception.
    14. March 2013, response from SCM. Stating
    ‘ we confirm that a copy of all the available cc statements have already been provided to you, covering a period of nearly 13 years. The Claimant is only required to hold statements for a period of not less than 6 years, so they have more than met their obligations in this regard.
    The Claimant has been unable to locate a copy of the original signed agreement so we attach for your records, a recon agreement which contains all the relevant Tic’s that were applicable at the time the agreement was entered into. There is no requirement for the Claimant to provide a copy of the signed agreement. Case law exists which supports the suitability of a recon agreement, as they contain all the relevant T&c’s.

    There is no requirement under the CCA for the Claimant to retain copies of the DN it issues, and they do not do so for practical reasons, given the large numbers of such documents produced. The Claimant’s computer records clearly show the issue of the DN and we attach for your records a template. The Claimants computer system would complete the variables and or relevant fields with the information applicant at the time of issue.

    The issue of the DN is clearly noted on the banks records. It was sent by first class post and therefore no proof of postage will be available to the bank, notwithstanding that postage alone constitutes service by reason of section 7 of the Interpretation Act 1978, in the absence of proof to the contrary, the DN is in any event deemed to have been delivered. There is no record of the DN being returned undelivered.

    The letter goes on to say
    ...to prevent any further court proceedings and costs, they want me to withdraw my defence as they feel my defence does not disclose of any reasonable grounds for defending the claim. they
    suggest a consent Order be negoiated and give a limited time to respond.

    Additionally there was a great deal of telephone harassment, which was not dealt with at the time or unfortunately logged. I think you need to be well to undertake the logging of all the calls you get day and night. I ended up not answering the phone letting it go to message to hear who it was that was calling before picking up. In the end I would only pick up to the medical profession, Is there a way that I can get a log of calls received by my landline which would confirm the harassment I experienced. The messages were short, basically stating that I need to contact Lloyds TSB urgently and leaving a telephone number, but the calls were up to 8 or 9 times a day - even the weekends! From around 8am to around 9pm.

    1. however what is a consent order? what happens if i do not want to agree to one, or i feel any terms put down are not reasonable? is there an alternative that i can suggest?

    2. and what about their missing paperwork, surely if nothing else but common curtesty i should be provided sight of the doc's that specifically refer to me and that they rely on in their POC? i did confirm to the court and Lloyds that 'strict proof' point

    3. thinking on it, i am very suspicious about the lack of the DN, with modern techno surely my file copy would be kept online for printing off at a later date if necessary. is it possible that they have recognised that there was something wrong with the issue and are trying to get round it with excuses? i have the termination notice

    Sorry its so long, and i apologise for any pertinent glaring points that i have missed. 

    Thanks.
     
     
     
     
     
    Tags: None

  • #2
    Re: What is a Consent Order

    A consent order is a legally binding agreement reached between the parties to end litigation. You'd need a solicitor to draw one up for you.

    I would suggest contacting Watsons --> http://www.watsonssolicitors.co.uk/contact.html, they are specialist consumer lawyers. PT2537 :first: works for the firm, you could also try PMing him on here. They have handled cases for LB members including this one for Plan B --> http://paulatwatsonssolicitors.wordp...012/07/22/153/

    Sadly you have already submitted an embarrassed defence.

    Comment


    • #3
      Re: What is a Consent Order

      Hi Flaming Parrot

      Thank you for your response. out of interest, why 'sadly you have already submitted an embarrassed defence'

      should my defence have been fuller, or clearer?

      Regards

      Comment


      • #4
        Re: What is a Consent Order

        Originally posted by sunshine111 View Post
        Hi Flaming Parrot

        Thank you for your response. out of interest, why 'sadly you have already submitted an embarrassed defence'

        should my defence have been fuller, or clearer?

        Regards
        See this post regarding PT2537's comments with regards to embarrassed defences. --> http://www.legalbeagles.info/forums/...664#post323664

        Comment


        • #5
          Re: What is a Consent Order

          Thank you for replying. i have read the thread referred to and now understand. (hopefully)

          unfortunately although i suggested the bank agree an extension as part of my CPR (twice) to which they failed to respond at all, i failed to include this point as part of my defence reply anyway, i only asked the court that the case be either thrown out or stayed until CPR obligations met.

          i misunderstood the situation in that i didnt realise i could apply to the court for a time extension for the CPR obligations to be met instead of a 'stay' as i thought i could only approach the banks solicitiors about an agreed time extension!

          hopefully others on here reading this will not make the same mistake.

          Regards

          Comment


          • #6
            Re: What is a Consent Order

            Originally posted by sunshine111 View Post
            Thank you for replying. i have read the thread referred to and now understand. (hopefully)

            unfortunately although i suggested the bank agree an extension as part of my CPR (twice) to which they failed to respond at all, i failed to include this point as part of my defence reply anyway, i only asked the court that the case be either thrown out or stayed until CPR obligations met.

            i misunderstood the situation in that i didnt realise i could apply to the court for a time extension for the CPR obligations to be met instead of a 'stay' as i thought i could only approach the banks solicitiors about an agreed time extension!

            hopefully others on here reading this will not make the same mistake.

            Regards
            That's the idea! :grin:

            Unfortunately, submitting 'embarrassed' or 'holding' defences is common advice on other forums.

            Comment


            • #7
              Re: What is a Consent Order

              FP, forgot to mention i am in contact with PT's firm who are looking at my case. i didnt realise i would need a solicitor to draw up things on my side, assumed it would the banks solicitor calling all the 'shots' are consent orders usual practice in such cases? i havent read about them on here for other CCA cases.

              Regards

              Comment


              • #8
                Re: What is a Consent Order

                FP,

                i cheekily used a template draft prepared for someone else from here and adapted as necessary for the holding defence - i didnt know what else to do? my IT skills are not the best and i had trouble signing in to get relevant advice about my own case in time.

                Regards

                Comment


                • #9
                  Re: What is a Consent Order

                  Originally posted by sunshine111 View Post
                  FP, forgot to mention i am in contact with PT's firm who are looking at my case.
                  You're in good hands there!:yo:
                  Originally posted by sunshine111 View Post
                  i didnt realise i would need a solicitor to draw up things on my side, assumed it would the banks solicitor calling all the 'shots' are consent orders usual practice in such cases? i havent read about them on here for other CCA cases.

                  Regards
                  They can be used to stop you from getting a CCJ when you don't have a solid defence.

                  Comment


                  • #10
                    Re: What is a Consent Order

                    SAR request response received. they cannot locate a signed agreement and possibly the original terms and conditions(?)

                    'unfortunately, we have not yet been able to locate a copy of the signed agreement. we can assure you... blah blah blah. This also relates to the terms and conditions for this account. if you wish to take this matter further, blah blah blah.

                    and interestingly they advise that they do not save DN by customer name so if you want a copy address to you, you cannot have your personal one.

                    is there any point me taking any of this further? and what does this mean for my court case?

                    Thanks

                    Comment


                    • #11
                      Re: What is a Consent Order

                      On post 1 above you say they responded to your CCA request with a recon. Obviously they haven't got a copy of your actual agreement which is why they reconstructed it. Most banks will tell you they don't keep copies of DNs - although they seem to keep copies of everything else they send, how very convenient! :confused2:
                      Originally posted by sunshine111 View Post
                      7. February 2013, response to CCA request. Provision of recon and a signed statement of account and stating...
                      You also say you are in contact with PT's firm, in which case they are the best placed to advise you, based on the quality of the recon (presumably you've sent it to them for their expert opinion) and your chances of winning should you chose to defend.
                      Originally posted by sunshine111 View Post
                      FP, forgot to mention i am in contact with PT's firm who are looking at my case. i didnt realise i would need a solicitor to draw up things on my side, assumed it would the banks solicitor calling all the 'shots' are consent orders usual practice in such cases? i havent read about them on here for other CCA cases.

                      Comment


                      • #12
                        Re: What is a Consent Order

                        thank you FP for your advice,

                        i will wait for the nice lady in PT's firm to get back to me, with a decsion as to whether or not they can help.

                        in the meantime your assistance is appreciated.

                        Comment


                        • #13
                          Re: What is a Consent Order

                          Crickey, i didnt answer your question - yes i did email PT's firm the docs they requested

                          Comment


                          • #14
                            Re: What is a Consent Order

                            Hi

                            Further to the above, the risks involved in my case mean that my case cannot be undertaken on a no win no fee basis - which is completely fair. however it is still my intention to proceed to defend, and i would therefore still appreciate any advice and assistance this forum can provide.

                            the recon presented by the claimant has errors and therefore does not comply as a true copy
                            to date (as of a week ago) the claimant cannot produce an original copy (my case being pre 2007)
                            the claimant has produced card statements, but not from inception

                            indeed the claimant may on the day of the hearing turn up with an original - this is the risk

                            in the meantime the notice hearing sent by the bulk centre for my local county court has shortfalls, no information about date to submit defence no information about AQ's.

                            i would appreciate assistance with drafting an amended defence.

                            a holding defence was originally submitted. learnt laterly this may have been unwise - but this is all a learning curve and i have to work with the situation as is.

                            i will argue that the recon is unenforcable as it fails the prescribed terms test

                            should the claimant turn up on the day with the original i will ask for an adjournment, on the grounds i need to take advice to verify the new doc. if they have already got it wrong who is to say that whatever new document they may turn up with is correct? they have already sworn that the recon is a true copy when it is not. i take the matter from there.

                            in the meantime, my amended defence. i originally asked leave of the court to be able to do this.

                            can i just do an amended defence in the form of a letter to the court?
                            will this include a witness statement or is my defence the witness statement?
                            is there a special form and fee for me to do this?
                            can i initiate the AQ process, or is this the role of the Court

                            i appreciate your patience guys as well as your help

                            Comment


                            • #15
                              Re: What is a Consent Order

                              Hi

                              can anyone help with this?

                              can i just do an amended defence in the form of a letter to the court?
                              will this include a witness statement or is my defence the witness statement?
                              is there a special form and fee for me to do this?
                              can i initiate the AQ process, or is this the role of the Court.

                              Thanks

                              Comment

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