** DISCONTINUED ** :) Court claim Cabot /weightmans advice plz

[flicky1314]

Re: Court claim Cabot /weightmans advice plz

Help plz

[flicky1314]

Re: Court claim Cabot /weightmans advice plz

[MENTION=6]Amethyst[/MENTION] and [MENTION=55034]nemesis45[/MENTION] could you plz both look at my previous posts. I,m scared now didn't think they would take it this far..... received another letter from weightmans this morning says:

without prejudice -save as to costs.

Whilst our client is confident that a County Court Judgement will be granted against you at the final hearing in this matter, our client is also conscious of their obligations under the civil procedure rules to attempt to settle proceedings without recourse to the courts. Accordingly, our client has instructed us to make two final offers to settle the above proceedings prior to trail :

1) our client would be prepared to accept the sum of £**** in settlement of the above proceedings which, if accepted can be paid over three equal consecutive monthly instalments of £*** commencing on 21 march 2016.
2) our client would be willing to consider an offer of weekly or monthly payment to discharge the full balance owed of £***** provided that any such offer is affordable to your current financial circumstances and documentary evidence is provided to confirm your income and expenditure levels.

Please note that both these offers are made on a strictly without prejudice save as to costs basis which means that they cannot be reffered to during the main course of proceedings but they can be brought to the attention of the court when the judge decides the issue of costs at the end of the trail.
both of the aforementioned offers are open for acceptance until 11 march 2016 whereafter they will both be automatically be withdrawn.


weightmans llp.

what do I do. I don't want to go to the hearing in fact I cant go due to work commitments and nature of my work. I,m scared really feel like throwing in the towel now and feel like saying have the blooming ccj. ive got a few other cases I,m dealing with at the same time as this. its never ending. I don't think I can fight this one anymore........ very sad very upset very depressed me : (

[MIKE770]

Re: Court claim Cabot /weightmans advice plz

do not panic - this looks like on e of the last begging letters to you in the hope you give up, read other threads dealing with these people and you will get an idea of the way they operate ! Nemis45 etc will respond shortly

[flicky1314]

Re: Court claim Cabot /weightmans advice plz

[MENTION=3599]MIKE770[/MENTION] thanks for your reply. I have read through the other posts but just feel with this one they are gonna go all the way.. they really know how to make you feel the pressure.

[nemesis45]

Re: Court claim Cabot /weightmans advice plz

@Amethyst and @nemesis45 could you plz both look at my previous posts. I,m scared now didn't think they would take it this far..... received another letter from weightmans this morning says:

without prejudice -save as to costs.

Whilst our client is confident that a County Court Judgement will be granted against you at the final hearing in this matter, our client is also conscious of their obligations under the civil procedure rules to attempt to settle proceedings without recourse to the courts. Accordingly, our client has instructed us to make two final offers to settle the above proceedings prior to trail :

1) our client would be prepared to accept the sum of £**** in settlement of the above proceedings which, if accepted can be paid over three equal consecutive monthly instalments of £*** commencing on 21 march 2016.
2) our client would be willing to consider an offer of weekly or monthly payment to discharge the full balance owed of £***** provided that any such offer is affordable to your current financial circumstances and documentary evidence is provided to confirm your income and expenditure levels.

Please note that both these offers are made on a strictly without prejudice save as to costs basis which means that they cannot be reffered to during the main course of proceedings but they can be brought to the attention of the court when the judge decides the issue of costs at the end of the trail.
both of the aforementioned offers are open for acceptance until 11 march 2016 whereafter they will both be automatically be withdrawn.


weightmans llp.

what do I do. I don't want to go to the hearing in fact I cant go due to work commitments and nature of my work. I,m scared really feel like throwing in the towel now and feel like saying have the blooming ccj. ive got a few other cases I,m dealing with at the same time as this. its never ending. I don't think I can fight this one anymore........ very sad very upset very depressed me : (

Hello Flicky,
I can understand how worrying this is for you.!

If you don't attend the hearing the claimant has the " ear " of the judge and you could well end up with an unaffordable order.

Have you made an income/ expenditure statement to see what is reasonable and affordable? It would be worth doing.

Perhaps [MENTION=6]Amethyst[/MENTION] can make some suggestions as well.

nem

nem
How much of a discount are they offering? Could you meet the payments over 3 months?
Alternatively the " affordable" payment arrangement

[flicky1314]

Re: Court claim Cabot /weightmans advice plz

hi nem I,m worried out of my mind, they have sent me no paper work what so ever for me to defend. the total is 582.65 they are offering me to pay 300 over three months or weekly or monthly for the full 582 balance. no hun I cant do in 3 months single mum with 3 kids working part time on housing benefit and council tax benefit .

[Amethyst]

Re: Court claim Cabot /weightmans advice plz

Hi flicky xxxx just having a read back

[Amethyst]

Re: Court claim Cabot /weightmans advice plz

Okay don't worry too much about the hearing date, there is plenty of time before then - and if you won't be attending you just have to tell the court at least 7 days before. You can make submissions in writing if you want the hearing to go ahead, but between now and then you have lots of opportunities to negotiate IF they send you the documents.... also 14 days before the hearing the claimant will have to provide a witness statement with all their evidences ( ie the documents) to the court - that should be stated on your letter ( possibly midway down 2nd page) - you will need to do a witness statement for then as well, but all depends what they manage to provide in the intervening period.

They have offered a couple of options which would keep it out of court although they would be under a Tomlin order so the claim would stay in the court system on hold, and then if you defaulted on any agreed payment arrangement they could pop in and get a judgment.

Are the offers quite a generous discount ?

[flicky1314]

Re: Court claim Cabot /weightmans advice plz

hi Ame they are offering me to pay 300 of a 582 debt at 100 pound a month for three months. I barely have that left a month as it is after everything gets paid.............I hate this waiting game why cant they just say they don't have the documents..... so do u think I should just hang fire a little then xxxx

[flicky1314]

Re: Court claim Cabot /weightmans advice plz

bump for [MENTION=6]Amethyst[/MENTION] x

[Amethyst]

Re: Court claim Cabot /weightmans advice plz

You could offer £50 over 6 months? on condition it is under a Tomlin order and does not go to a CCJ unless you default on payments.

Yes I know the waiting game is horrible, it is sadly a bit like a game of chess with a week between moves... and you really don't know if you have made the right move till your opponent makes their next move.

(not very helpful I know)

[flicky1314]

Re: Court claim Cabot /weightmans advice plz

If I'm honest Hun that's something I can't afford at the moment. I have about 100/120 a month left. It really doesn't look good for me does it. Can't afford the offer and can't make court date. I might as well give it to them now I feel so annoyed though because I've come this far . But couldn't have done it without all legal beagles help xxz

[flicky1314]

Re: Court claim Cabot /weightmans advice plz

Hi [MENTION=6]Amethyst[/MENTION] I was just looking over my court paper again and it says I need to have a written statement of all persons who are to give eveidence at the trail by 16 march also copies of documents... I thought I had a little while to do this but just realised its not that long.. plz help me amethyst what do I do ??? how do I write it....... worried sick now

[Amethyst]

Re: Court claim Cabot /weightmans advice plz

When's your court date ?

I'll give you a hand a bit later on it's just kids getting in from school time - have a quick nosey at witness statements though in the library http://legalbeagles.info/forums/show...ness-Statement

And don't worry !

Sharon
xxxx

[flicky1314]

Re: Court claim Cabot /weightmans advice plz

thanks amethyst ill have a look. my court date is 29 april xxxx talk later xx