allocation questionnaire . sued by CMC .

[leothelion]

Re: allocation questionnaire . sued by CMC .

The difference was approx £500 and they are claiming for 25% of the original offer . Thanks

[leothelion]

Re: allocation questionnaire . sued by CMC .

just to let you know I've finally received the questionnaire and returned it to the court and the other party thanks, will keep you posted as to how it goes.

[leothelion]

Re: allocation questionnaire . sued by CMC .

Just to let you know we have settled out of court for £900 with installments agreed,but they want me to sign a consent order to send to court,does that mean I'll still have a ccj registered against my name? Thanks for any replies

[EXC]

Re: allocation questionnaire . sued by CMC .

If you settled out of court you wouldn't get a CCJ. I'll ask someone about the consent order.

[Amethyst]

Re: allocation questionnaire . sued by CMC .

can you fill in a little what has happened between you entering your allocation questionnaire and arriving at a consent order, and could you type put the consent order so we can check the terms put a halt on the ccj. Are you happy with the settlement amount? I think it sounds fair as your contract was for 25% and you received £9500 compensation so you have a decent reduction for then original poor service and hassle dealing with a new company after the originals went under.

[leothelion]

Re: allocation questionnaire . sued by CMC .

I'm very happy with the settlement amount, I called them up myself and put to them the mistakes they had made and they said they would look into it and they came back with the £900 offer which I think is a bit of a result with no ccj.

Heres the consent order:

UPON the claimant and defendant having agreed terms.

IT IS ORDERED THAT:-

1. The hearing listed for XXmarch 2014 be vacated.
2. The claimants do have judgement against the defendants for the sum of £900
3. the defendants shall pay to the claimant the said sum of £900 by 90 weekly installments of £10, the first payment to be made by etc...

4 the said sum is paid and received in full and final settlement of all claims and counterclaims including interest.

5 there be no order for costs.

Now number 2 is my problem i think, are they asking for judgement for this amount now?

My understanding of a consent order after a quick google search is that it is a legally binding contract and they can get a judgement if I default on this, I'm just not wanting to sign something I dont fully understand.

It also kinda defeats the purpose of settling out of court if a ccj is registered against my name anyway as I would like to re-mortgage again at some point in the future once conditions allow us too

Any thoughts would be appreciated thanks

[Amethyst]

Re: allocation questionnaire . sued by CMC .

Okay that needs some more negotiating because of

2. The claimants do have judgement against the defendants for the sum of £900

That means you will have a CCJ. Going through rest hang fire a tic xx

[Amethyst]

Re: allocation questionnaire . sued by CMC .

You are still in negotiation so you can amend the consent order and return it to them; this one below will basically mean that so long as you pay the £10 every friday for 90 weeks you are home dry.....if you miss a payment then they can enter judgment against you - so they have that security and you don't have a CCJ.

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Court....
Claim Ref....

Claimant ....

and

Your name.....

CONSENT ORDER

UPON the claimant and defendant having agreed terms of settlement;

By Consent

IT IS ORDERED THAT:-

1. The hearing listed for XX March 2014 be vacated.

2. All further proceedings in the case be stayed upon the terms set out in the schedule below save for the purpose of enforcing or carrying into effect the said terms with liberty to apply for that purpose.

And it is further ordered that there be no order as to costs.



SCHEDULE

1. The Claimants agree to accept the sum of £900 in settlement of the total claim payable by weekly instalments of £10 providing the first payment is received by Friday xx March 2013 and on the same day each week thereafter for 90 weeks.

2. The said sum is paid and received in full and final settlement of all claims and counterclaims including interest.

3. The Claimant agrees not to enter Judgment on the condition that the above arrangement is maintained.

4. The Claimant be at liberty to enter Judgment for the unpaid balance if the defendant defaults in payment arrangements.


5. There shall be no order as to costs.



Sols sig space /// Defs Sig Space


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[leothelion]

Re: allocation questionnaire . sued by CMC .

Yeah thats fantastic. I've already set up a standing order to them from this friday so I'll send that off to them at the weekend and they should have the first payment by the time they receive my letter. Hopefully they'll agree to that . I'll send them a nice letter of explanation as well. It's all about being fair and reasonable in the eyes of the court isn't it? Thanks very much for your support and I'll let you know how it goes.

[Amethyst]

Re: allocation questionnaire . sued by CMC .

Yes indeed be reasonable and polite, much better chance of getting your own way, no guarantees though. With this order , known as a Tomlin order, the creditor has the security of being able to obtain judgment, and enforce it, if you default on payments, and you can make the payments and not be forced to sub prime lenders if you need to re mortgage.

Best of luck and please let me know how you get on.

[Amethyst]

Re: allocation questionnaire . sued by CMC .

Have you heard anything back from them yet?

[leothelion]

Re: allocation questionnaire . sued by CMC .

just received the letter today confirming their acceptance of the revised consent order and that they'e sent it off to the court, have already started making payments, so just have to wait on what the court says I suppose.

once again many thanks for that letter.