Court claim received from CL Finance/Howard Cohen sols **SETTLED**

[ByTheWay]

Re: Court claim received from CL Finance/Howard Cohen sols

No and no. I didn't get chance to make them the offer before court as they issued the claim without contacting me. I did make the offer to GE and Viking beforehand, GE ignored me and Viking refused it.

[ByTheWay]

Re: Court claim received from CL Finance/Howard Cohen sols

AQ (N149) arrived today, unless anyone has any differing opinion I'll be filling in as follows...

A. Settlement...tick no, I've already done what I can to settle this.
B. Location of Hearing... as it's been transferred to my local court already I'll tick no.
C. Track..tick yes, tis suitable for small claims track.
D. Witnesses...another no.
E. Experts...no.
F. Nope, there's no dates when I can't attend a hearing.
G. Other information... Hmmm, well lets see... I intend to remind the court here that I've still not received the info I asked for (missing statements and copy of default notice) I will also put how I have asked HC&co to settle this out of court, that I have made an offer of payment, and although it has been indirectly accepted, they are still going ahead and charging me for their court costs which I'm not willing to pay.
H. Fee...only the claimant pays a fee at this stage, yes?...so I tick no.

It has to be posted by the 31st March.

I so wish I'd been able to afford their settlement offer but hey ho, never mind eh. the SO mandate was filled in and sent back to them so at least the ball is rolling in the payment department.

[ByTheWay]

Re: Court claim received from CL Finance/Howard Cohen sols

Letter from the local court today:

Standard order for stay for settlement with consent of all the parties.

Deputy Judge ****** orders that this claim is stayed until 14 May 2008.

The judge considers your case is suitable for mediation and therefore you are encouraged to use the Small Claims Mediation Service. This service is FREE for court users with a current small claims case. Mediation appointments can be done by telephone (saving the need to come to court), or face-to-face; parties can also mediate without the need to meet or speak to one another. The mediation is usually limited to one hour and is confidential.
If you would like to take up this offer of mediation or find out more about the mediation process you should contact the court mediator on ******** or email ******** within 7 days of receipt of this order.
Alternatively, if you do not wish to try mediation please contact the mediator who will arrange for your case to be progressed.

Now I'm more than willing to go for this, I'm just wondering if HC&Co will

[Amethyst]

Re: Court claim received from CL Finance/Howard Cohen sols

Damn sorry btw i missed your AQ completely....looks completely fine tho and yep go for the mediation, drags it out a bit and shows willing on your part to get a fair resolution. Be nice if the offer comes up again for reduced settlement.

[ByTheWay]

Re: Court claim received from CL Finance/Howard Cohen sols

I did court mediation quite a few years ago and it was much better than a usual hearing, less stressful and easier to use as you don't have to use all the legal jargon that's normally required I would hope that sometime in the future they will offer me a reduced settlement again, maybe then I'll be in a position to pay it. Otherwise, at the rate I'm paying now, they won't get all their money before I pop my cloggs lol.
I will have to ring the court anyway, as the order is dated 10th April and it only arrived today...so technically my 7 days are already up.....!!

[ByTheWay]

Re: Court claim received from CL Finance/Howard Cohen sols

Just a little update...

I spoke with the court mediator yesterday and explained the current situation (that HC&Co have accepted monthly payments but still going ahead with claim) as she doesn't have access to my file. She informed me that she would ring the solicitors and find out whats going on at their end and then get back to me.
As yet I've not heard anything.

Court mediators act as a go between, speaking to the other party by telephone, on your behalf. They will include anything you wish to be said, and ask you if there is anything you don't wish to be included in the conversation. The lady I spoke with was extremely nice, calm and very patient. I would highly recommend this option to anyone who gets nervous or tongue tied when speaking to another party via the phone regarding a court claim.
http://www.dca.gov.uk/civil/adr/cour...ce-toolkit.pdf

[ByTheWay]

Re: Court claim received from CL Finance/Howard Cohen sols

RESULT!!!!!

After a call from my court mediator HC&Co have agreed to drop the claim, including interest and charges. All I am paying is the amount I owe and at the rate I can afford. Wayhay! I am being emailed the docs to sign, which I then send to the court and that'll be the end of that

Can someone put **Settled** in the title for me please? :whoo:

A big THANK YOU to everyone who helped me through this!:kiss:

[Amy]

Re: Court claim received from CL Finance/Howard Cohen sols **SETTLED**

Well done xx

[scottishlass]

Re: Court claim received from CL Finance/Howard Cohen sols **SETTLED**

well done:clap2:

[Amethyst]

Re: Court claim received from CL Finance/Howard Cohen sols **SETTLED**

FANTASTIC NEWS !!!! Well done hun :kiss:

[Sapphire]

Re: Court claim received from CL Finance/Howard Cohen sols **SETTLED**

Good for you hun :kiss:

[ByTheWay]

Re: Court claim received from CL Finance/Howard Cohen sols **SETTLED**

Thanks everyone
Settlement agreement and Tomlin Order signed and posted.

http://en.wikipedia.org/wiki/Tomlin_Order

[Amethyst]

Re: Court claim received from CL Finance/Howard Cohen sols **SETTLED**

Can you put the wording of the tomlin up please hun.

[calamity jane]

Re: Court claim received from CL Finance/Howard Cohen sols **SETTLED**

Well done ByTheWay :third:

[enaid]

Re: Court claim received from CL Finance/Howard Cohen sols **SETTLED**

Very very pleased for you BTW, what a nice start to 24 hrs without Beagles. I may have to stay away more often Enaid xx