Stayed claim now being lifted 3 years later - Summary Judgement?

[Chauffeurdude]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Apologies for not having updated this thread recently. Due to family problems and my daughters hospital appointment managed to get an adjournment on this hearing so new hearing in just over 2 weeks now. I have spoken to the DCA and they are supposed to be coming up with a settlement figure! I don't think this will be anywhere near realistic but who knows! In the meantime I will post up the details as best I can tomorrow and see where we can go from there. I will try and do a link to the previous thread at the same time!! Many thanks for your help.

[Amethyst]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Hi, well done for getting the adjournment - hope all is okay xx

If you have problems with uploading documents on here just email them to me admin@legalbeagles.info, we need to know exactly what the position is on the case, and get a WS in to defend your position against this summary judgment application.

[Chauffeurdude]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Hi again. I have been struggling to upload documents so will email to admin as suggested. No news from them reference a settlement figure yet so have sent an email to chase this up! Thank you for all advice given.

[Amethyst]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Got them thank you xxx Will sort them out for you.

[Chauffeurdude]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Great. Hope you can make sense of it all. I have reams of paperwork but was trying to send the most relevant parts!! I had read the court papers about the new hearing and got it into my head was 11th August when in fact it is 1st August!! Oops!!

[Amethyst]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Oh bugger, we best get a Witness Statement in asap then. I'll get the docs up a bit later on.

[Chauffeurdude]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Oh bugger indeed. Yes my fault entirely!! Any other information you need at this stage or anything else I need to be doing? I do have their witness statement if you want it but it is 5 pages long!!

[Amethyst]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

~Yes please. Sorry. But I think we'll need it.

I just catching up on news stories and having a bath and will have a good read through everything once it's quiet and kids are in bed xxx

[Chauffeurdude]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Okay no problem. Will sort it!! Thank you.

[Amethyst]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Docs attached

[Chauffeurdude]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Hi again. I managed to speak to the head of the litigation department this afternoon as had not heard back regarding possible settlement figure. Was a reasonable exchange to be fair!! Certainly more productive than previous dealings!!! The upshot being they are willing to offer a reduced settlement for full payment, not really an option unless major discount!! They will offer a repayment plan over 84 months but under a Tomlin Order. This means claim is stayed if I stick to the agreement presuming we can come to one of course!! Is this worth considering? Their figures come out at circa £270pcm over 84 months on £22k + balance!! Ouch!! Can I realistically get much of a discount on this figure, bearing in mind original debt £14k + all last few years interest added now? Not sure what to do now? I want to avoid the CCJ if possible as just got my credit rating sorted to a degree!! It would appear a Tomlin Order does not show on your credit file? If I go to court and lose of course I will get the Summary Judgement against me!! Can the judge vary the amount of summary judgement? For example if he thinks they are entitled to £15k can he amend to that figure and issue summary judgement accordingly? Just trying to work out damage limitation here!! Being in with a chance of getting out of a sub prime mortgage now my situation has improved I don't want to mess up at the final hurdle!! Any advice much appreciated. Thank you.

[Chauffeurdude]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Sorry forgot one question! As has been mentioned the judge may not be happy about claim being stayed 3+ years!! Realistically what is the likelihood of him refusing to lift the stay in the first place? Thank you.

[Amethyst]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Where is the original agreement copy?

Personally I am pretty sure a large whack of that interest should go. It is their fault it was stayed at the stage it was because they had no paperwork, so why should you have to pay another 3 years of interest because of their delay.

If you wanted to negotiate I think that should be the first thing to be knocked off. Take it back down to at least the original claim sum.

[Amethyst]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

PPI 1174 front loaded march 2002 - potentially £3k refund if you can evidence it was missold. VERY ROUGH GUESTIMATE

[Amethyst]

Re: Stayed claim now being lifted 3 years later - Summary Judgement?

Tomlin Order keeps the claim on stay and prevent you getting a CCJ added to your credit file.

If you default on the Tomlin Order they can just be given judgment and start enforcement.