Court Claim - defence submitted recieved Directions questionaire

[warwick65]

Re: Court Claim - defence submitted recieved Directions questionaire

Hi
As you haven't pleaded SB in your defence , I think---but this needs confirming, you would either need to get the creditors agreement to amend the defence or ask the courts permission.

The evidence from the SAR can certainly be used as to the date of the last payment but as to when the default would be is tricky - some agreements spell out when defaults will be issued , and some don't. My capital One credit card spelled out exactly the earliest point when a DN could be sent. If you have to ask the courts permission then there is a cost involved unless you get fee remission.

As far as you ex is concerned I fully understand why is is probably something you would need to consider very very carefully. Even on our worst days I do not think either myself or my ex would have done something like that and we didn't have children.

Remember, you could, if they come up with what they need to , make an offer or arrange a payment plan. Sometimes they would rather get 15% now than £1 per month for the next 50 years - depends on your income

This is what drives me crazy, for such a relatively small sum it is rarely worth paying a lawyer and LiP's are treated , in many cases, less favourably than people who are represented.
[MENTION=87380]Diana M[/MENTION] [MENTION=551]pt2537[/MENTION]

any thoughts?

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Hi,

No mention of SB in my defence as I had received an agreement from Lucas. My noodle report states the default date that Lowell had placed on the record just under a month to go and it will be SB!!

I have just read through the supplied agreement and there is no mention of when a default will be applied!

Yeah if all goes south I will look at that as an option if they come up with any documentation!

[warwick65]

Re: Court Claim - defence submitted recieved Directions questionaire

Hi

Remember that once a claim has been issued the SB 'clock' stops

It will be interesting what they send you in response to your CCA request

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Hi

Remember that once a claim has been issued the SB 'clock' stops

It will be interesting what they send you in response to your CCA request

Ah ok! would this be the same with my last court claim where it was struck out as this is due to go SB later this month?

[pt2537]

Re: Court Claim - defence submitted recieved Directions questionaire

Yes so dear you couldn't afford me. Nice of you to call me a boy though

ahh well ive got £2.50 and some trouser pocket fluff, that should be enough shouldnt it? LOL

[warwick65]

Re: Court Claim - defence submitted recieved Directions questionaire

Ah ok! would this be the same with my last court claim where it was struck out as this is due to go SB later this month?

As it was struck out things are different or so i am told. Maybe [MENTION=551]pt2537[/MENTION] could clarify that or another oracle [MENTION=5553]charitynjw[/MENTION]

[pt2537]

Re: Court Claim - defence submitted recieved Directions questionaire

As it was struck out things are different or so i am told. Maybe @pt2537 could clarify that or another oracle @charitynjw

The doctrine of Laches may apply if that is the case, its like the equitable version of limitation, it prevents stale claims being pursued, so if over 6 years has passed then it may well be that you could argue laches applies. So yes its a possibility

[warwick65]

Re: Court Claim - defence submitted recieved Directions questionaire

I read a post by PT on another forum, once a claim has been struck out the claimant would need to ask permission to reinstate a claim. If no substantial new evidence was found it is unlikely. I also read the clock would start ticking again however not sure if it's a new start, a continuation or if the pause while the claim was active would have to be added.

[pt2537]

Re: Court Claim - defence submitted recieved Directions questionaire

https://uk.practicallaw.thomsonreute...ge=true&bhcp=1

[charitynjw]

Re: Court Claim - defence submitted recieved Directions questionaire

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Sorted!

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Good Evening all,

Sorry it has been a little quiet on the post. Thank you for all of your help so far.

Yesterday I received an email from the court advising for a mediation appointment however there are 3 questions to answer

Please read the following 3 statements:

	Yes	No
1. For mediation to be successful there needs to be some flexibility from all parties and a willingness to listen and consider each other’s positions. Can you agree to this?
2. I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before I can mediate
3. I am available to mediate on one of the following days (You must tick at least 1 of the following, you may tick more than 1 if applicable) I can not answer question 2 with a yes as they have still not provided the documentation from my pre action protocol letter and also the CPR 18 request. What are the next steps I know I have to answer no to question 2 which will mean that the case is not suitable as they have not supplied the information I requested. I have not had a response yet from my CCA request either? Is it worth submitting a Unless order to this case? Thanks for all of your help Kind regards Audiocash

[warwick65]

Re: Court Claim - defence submitted recieved Directions questionaire

Hi

First question
Did you send a cca request off ?

I know you have not got all the documents but that doesn't mean you can't go to mediation. It may be that you can't be bothered with it all and make a small offer over a period of time that they will accept. Nothing from mediation goes to court.

personally, if I knew about the account i would go to mediation and see what I could squeeze out of them, doesn't mean i would settle

Clearly if you have sent the cca request off that gives you a bit more ammo to fight them with.

[Audiocash]

Re: Court Claim - defence submitted recieved Directions questionaire

Hi

First question
Did you send a cca request off ?

I know you have not got all the documents but that doesn't mean you can't go to mediation. It may be that you can't be bothered with it all and make a small offer over a period of time that they will accept. Nothing from mediation goes to court.

personally, if I knew about the account i would go to mediation and see what I could squeeze out of them, doesn't mean i would settle

Clearly if you have sent the cca request off that gives you a bit more ammo to fight them with.

Hi,

Yes sent of a CCA no response as of yet?

My ex opened the account without my knowledge or agreement. I have had the odd letter here and there but never got to this point before. Lucas credit services sent a credit agreement however the copy is poor and my name looks as though it has been printed in bold and does not match the rest of the document font!!

In regards to mediation if agree a figure I understand it is a legal agreement however does this mark as a recorded CCJ? in regards to squeeze out of them what would be a good result in your view?

The debt was sub £300 and has nearly doubled now with charges etc and has stayed at the same value on my credit report since it was logged as defaulted in 2011

Thanks Warwick

[warwick65]

Re: Court Claim - defence submitted recieved Directions questionaire

Hi
If you settle during mediation there is no ccj however if you set up an arrangement to pay and you are even 1 day late they can apply for a summary judgement. I believe [MENTION=87380]Diana M[/MENTION] therefore recommends making the initial payment double so you are always a month ahead.

I appreciate how difficult it is with your ex having made the application without your knowledge

I really don't want to tell you what to do, just give you some options

Even if you don't agree at mediation, and you were to lose in court, providing the full balance was paid within 28 days no ccj would be recorded

There are a few options for you

Hopefully by the time of mediation you could use their non compliance as a big stick

Its a gamble I suppose , or a calculated risk so i am not the person to offer advice on that - its also not my money or my credit file

[pt2537]

Re: Court Claim - defence submitted recieved Directions questionaire

If you do settle at mediation, then its important to have a mediation settlement agreement drawn up, ive done a number of mediations with CEDR who provide the Court of Appeal mediation services, and its important to make sure the terms dont arbitrarily allow judgment to be entered on breach, in one of my settlement agreements i have a clause requiring at least three months arrears and notice to be served on the Defendant before action is taken, so as to protect from judgment.

Its quite an important thing to make sure you have in place.

Ill see if i can dig out a CEDR setttlement agreement template

- - - Updated - - -

https://www.cedr.com/about_us/modeldocs/?id=3

Thats the CEDR draft settlement agreement, which may help out here