Urgent Advice Please BW Legal - Lowell & County Court Claim

[FlamingParrot]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi again. Just getting in right frame of mind for my mediation call this Wednesday morning. Forgot to ask if it is possible after giving details of my poor financial situation that BWLegal may state there and then on the call that they will not be pursuing court action or if they may mention or ask me to agree there and then to a Tomlin order or it more than likely that I will be told that I will just have to wait to hear from either the court or BWLegal directly and it will be in writing?:blah::confused2:

That will all depend on what arguments both sides put forward. As I said on my post above, the idea is to convince them that it would be in their best interests not to pursue the claim because they simply can't get blood out of a stone and they will incur further costs if they decide to move forward which they won't be able to recover from you, let alone the amount claimed. :thumb:

With Tomlin orders, you'd be expected to agree to repay a certain amount every month. As there is normally a £50 fee for the order, it's hardly worth drafting one if all you'd be able to afford is £1 a month. One thing to consider. Also bear in mind that the purpose of the Tomlin is just to avoid a CCJ on record but they have liberty to apply to lift the stay imposed by the order and request summary judgment if you were to break the terms of the order by missing payments. :mmph:

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi there. Mediation completed. Did not get Lowell/BWLegal to agree to withdraw claim but the good news is that they have accepted my offer of payment of £1 per month. It's a shame I couldn't get them to see that my case is not worth pursuing at all but £1 per month is next best thing! I am in process of drafting a monthly £1 standing order - is this arrangement a Tomlin Order only this term has not been quoted to me by the court? Is the £50 fee for arranging this repayment term payable by Lowell/BWLegal or me? :noidea::der::der::der:

[FlamingParrot]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi there. Mediation completed. Did not get Lowell/BWLegal to agree to withdraw claim but the good news is that they have accepted my offer of payment of £1 per month. It's a shame I couldn't get them to see that my case is not worth pursuing at all but £1 per month is next best thing! I am in process of drafting a monthly £1 standing order - is this arrangement a Tomlin Order only this term has not been quoted to me by the court? Is the £50 fee for arranging this repayment term payable by Lowell/BWLegal or me? :noidea::der::der::der:

That is good news since you no longer have to worry about having your income and expenditure scrutinised by a judge and hoping they will agree. Well done ditzee! :whoo: :whoo:

In a way they are admitting they claim is not worth pursuing since £1 a month is a nominal payment. A Tomlin order is a form of consent order agreed by the parties, was there any mention of a consent order by the mediator?

[nemesis45]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi there. Mediation completed. Did not get Lowell/BWLegal to agree to withdraw claim but the good news is that they have accepted my offer of payment of £1 per month. It's a shame I couldn't get them to see that my case is not worth pursuing at all but £1 per month is next best thing! I am in process of drafting a monthly £1 standing order - is this arrangement a Tomlin Order only this term has not been quoted to me by the court? Is the £50 fee for arranging this repayment term payable by Lowell/BWLegal or me? :noidea::der::der::der:

Lowell will pay the fee and add it to the debt.
Was the " agrement" referred to as a " Consent Order"?

nem

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi. Don't think there was any mention of Consent order only Mediation Agreement to pay back in full and final settlement of £695 - they reduced the final payment sum - and I agreed to pay back in £1 instalments. So Lowell pay the £50 fee to the court for the use of the mediation service? As you say FlamingParrot - no need to continue with worry of further court action. :whoo::high5::cheer2:

[nemesis45]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi. Don't think there was any mention of Consent order only Mediation Agreement to pay back in full and final settlement of £695 - they reduced the final payment sum - and I agreed to pay back in £1 instalments. So Lowell pay the £50 fee to the court for the use of the mediation service? As you say FlamingParrot - no need to continue with worry of further court action. :whoo::high5::cheer2:

Ok, please let us know when you get the written confirmation of the agreement.

nem

[FlamingParrot]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Hi. Don't think there was any mention of Consent order only Mediation Agreement to pay back in full and final settlement of £695 - they reduced the final payment sum - and I agreed to pay back in £1 instalments. So Lowell pay the £50 fee to the court for the use of the mediation service? As you say FlamingParrot - no need to continue with worry of further court action. :whoo::high5::cheer2:

They will be paid back in 60 years! :lol: :lol: :lol:

Should really make them think whether it was worth starting court action in the first place, they won't even be getting their court fees back! :grin: :grin: :grin:

[ditzee]

Re: Urgent Advice Please BW Legal - Lowell & County Court Claim

Thank you again for all your help will post again when I receive written confirmation of the agreement. :clap2::cheer2: