Court claim received

[FlamingParrot]

Re: Court claim received

Have now received a claimants directions questionnaire from BC, it states.. The claimant is prepared to settle this matter outside of court, & encourage negotiations, I presume I ignore this request & await the court letter, so does this letter look good in my favour?

It is a generic response from him.

Thanks Nem, bit confused on what to do now, don't really want to negotiate any payments as I still believe it's SB, will it be ok to follow this through or could this come back to bite me, what are my options and what possible outcome could I be faced with?

If it's SBd, the burden of proof is on THEM to SHOW it isn't! :grin: :grin: :grin:

So the not receiving the CCA request doesn't mean anything at this stage?

SBd is an absolute defence, however, if they were able to produce some evidence of payments made in the last six years, non-compliance with a CCA request is a bar to enforcement whilst they are in breach so it's your "PlanB" so to speak.

[carts69]

Re: Court claim received

Thanks FP, very interesting indeed! So now I await to hear from the court, correct?

[Kati]

Re: Court claim received

:nod:

[FlamingParrot]

Re: Court claim received

Thanks FP, very interesting indeed! So now I await to hear from the court, correct?

Correct. :thumb: :ranger:

[carts69]

Re: Court claim received

Update.. Today I have received a 1 hour mediation appointment from the courts, what option should I take now, I see I can decline this, if so I presume this will go to court, but if no CCA can be produced surely this should go all the way, can anyone advise please, based on the facts in this post? Thanks

[FlamingParrot]

Re: Court claim received

If you haven't received any documents you can say you haven't got enough information as that is a requirement for mediation to go ahead. In your case the CCA is just a back-up plan, the main thing they'd have to produce to go anywhere with this would be evidence of payments or written acknowledgment in the past six years, otherwise SBd is an absolute defence even with the best CCA in the world! :grin: :grin: :grin:

[carts69]

Re: Court claim received

Hi FP & thanks for the detailed reply! So What would be my best plan of action, do I ring them and state what you have said or simply ignore any phone calls for the mediation & let the court case come into play?

[carts69]

Re: Court claim received

I have now e mailed and cancelled the mediation appointment on the basis that I have not received any information regarding the claim from the other party

[FlamingParrot]

Re: Court claim received

Hi FP & thanks for the detailed reply! So What would be my best plan of action, do I ring them and state what you have said or simply ignore any phone calls for the mediation & let the court case come into play?

I have now e mailed and cancelled the mediation appointment on the basis that I have not received any information regarding the claim from the other party

You have done the right thing by emailing and explaining why mediation cannot go ahead; :thumb: simply ignoring the call from the mediation service without cancelling the appointment would have made them waste their time and would have given the wrong impression. :ohwell:

[carts69]

Re: Court claim received

Info now received from BC, today I have received a signed agreement & a copy of notice of Assignment, and.... We confirm the notice of default left the control of the claimant when it was dispatched to you on 10 June 2011. 9+
Our client intends to proceed with the claim and we have informed you under a separate cover in this regard.
The court will now contact all parties with notice of allocation.
Our client is however willing to enter into 'without prejudice' negotiations to settle this matter by way of Tomlinson Order, if you wish to discuss settlement on this matter, we should be grateful if you would contact our offices.

[carts69]

Re: Court claim received

Carts69 Vs Lowell advice please....

[FlamingParrot]

Re: Court claim received

Info now received from BC, today I have received a signed agreement & a copy of notice of Assignment, and.... We confirm the notice of default left the control of the claimant when it was dispatched to you on 10 June 2011. 9+

That is rather unusual for these guys, to be able to get their hands on any documents. Is there any chance you could post up redacted copies of what they've sent you? :typing:

Our client intends to proceed with the claim and we have informed you under a separate cover in this regard.
The court will now contact all parties with notice of allocation.
Our client is however willing to enter into 'without prejudice' negotiations to settle this matter by way of Tomlinson Order, if you wish to discuss settlement on this matter, we should be grateful if you would contact our offices.

We need to look at the paperwork before going further. If it looks like it could be enforceable, then a Tomlin Order would be a way to avoid a CCJ, the order stays all proceedings as long as you keep up to the terms of the order (agreed repayments), however, if you default on the order they can request summary judgment.

[carts69]

Re: Court claim received

....

[MIKE770]

Re: Court claim received

your personal details are showing

[carts69]

Re: Court claim received

No longer at that address, regarding my name...is it not advisable to show this?