Claim Form Northampton County Court Bulk Centre.

[PlanB]

Re: Claim Form Northampton County Court Bulk Centre.

How would I go about arranging a consent order?.

I would go for a Tomlin Order not a consent order. There's no record of a Tomlin Order. With a Tomlin Order the court proceedings are stayed as long as you keep to the terms of the Schedule contained in the Tomlin Order.

[PlanB]

Re: Claim Form Northampton County Court Bulk Centre.

I have acknowledged the claim with the link you have provided.

If you have filed your AOS then you will not get a CCJ without a court hearing (unless you mess up the paperwork and you could be vulnerable to a summary judgment). You have time to negotiate. The next thing you'll hear from the court will be an Allocation Questionnaire (after you've submitted your defence if you have one) which offers you the option of Mediation. Tick the box saying that you agree to Mediation. As far as I'm aware Northampton County Court Bulk Centre offer a one month 'breathing space' (stay) in the hope that the parties can sort out their differences before allocating the case to the nearest county court to your home (it's always the Defendant's home that dictates this).

What you need is a Tomlin Order since you say you can settle the debt in a matter of weeks. With any luck you won't even need that if you can agree an arrangement to pay with Bryan Carter and a 'stay' of the proceedings while you pay (inform the court of your mutual agreement to a 'stay' if you arrange this). After that Bryan Carter can discontinue the proceedings.

[Amethyst]

Re: Claim Form Northampton County Court Bulk Centre.



The example I mentioned earlier.

http://www.imagebam.com/image/a9d549290846701

[PlanB]

Re: Claim Form Northampton County Court Bulk Centre.

The example I mentioned earlier.

http://www.imagebam.com/image/a9d549290846701

In preference to a Tomlin Order?

[PlanB]

Re: Claim Form Northampton County Court Bulk Centre.

Here is a brief explanation of the difference between a Tomlin Order and a Consent Order. In effect a Tomlin Order *sidesteps* the court process

http://www.drukker.co.uk/publication.../#.Up5faqtFBjo

[th9113]

Re: Claim Form Northampton County Court Bulk Centre.

Hi Guys,

Sorry for for the late reply, long hours in work mean straight to bed after work. I'm so grateful for your help. When will I receive the Allocation Questionairre off the court? I acknowledged the claim last Saturday. Do you think BC will agree to this? And will the interest/court/solicitor fees be waived or will they remain.

Thanks.

[FlamingParrot]

Re: Claim Form Northampton County Court Bulk Centre.

You'd only receive an allocation questionnaire once you have submitted a defence. If you intend to negotiate with Bryan Carter and/or go for a Tomlin order, then you won't be getting to that stage.

[th9113]

Re: Claim Form Northampton County Court Bulk Centre.

You'd only receive an allocation questionnaire once you have submitted a defence. If you intend to negotiate with Bryan Carter and/or go for a Tomlin order, then you won't be getting to that stage.

Hi,

Finaaly a day off work so I can get right into this now, I think I'll go with a Tomlin Order rather than a constant order, how would I go about this? Just phone Bryan Carter and explain this is the route I want to go down or would I have to put in to writing? Are they likely to agree straight away or will still try to pursue it through the Court.

Amethyst, Flaming Parrot and Plan B you lot have been a god send. Thank you so much for your help.

[Amethyst]

Re: Claim Form Northampton County Court Bulk Centre.

For ref then here's text of suggested order and likely what BC would agree to; but hang fire until PlanB or FP come back as I believe they have an alternative suggestion for you.

IN THE NORTHAMPTON COUNTY COURT BULK CENTRE

Claim Reference : xxxxxxxxxx

Between
Claimant
Lowell Financial Limited

AND
Defendant
Your name

CONSENT ORDER
Before District Judge
On the xxxx Day of xxxxxxxxxxx sitting at xxxxxxxxxx County Court

UPON the parties having agreed terms of settlement
BY CONSENT
IT IS ORDERED that all further proceedings in this action be stayed upon the terms set out in the schedule below save for the purpose of enforcing or carrying into effect said terms with permission to apply for that purpose.

AND IT IS FURTHER ORDERED that there be no order as to costs

SCHEDULE
1. The Claimant agrees to accept the sum of XXXXXXXX in settlement of the total claim payable by monthly instalments of XXXXXXXX providing the first payment is received within 28 days from the date of this order and on the ame day each month thereafter.
2. The Claimant agrees not to enter Judgment on the condition the above arrangements are maintained.
3. The Claimant be at liberty to enter Judgment for the unpaid balance if the Defendant defaults in payment arrangements
Signed

Claimant Defendant

[th9113]

Re: Claim Form Northampton County Court Bulk Centre.

Hi,

Thanks for reply, I will what for there replies before doing anything. I acknowledged this claim online on link provided up the page on 30th Nov, so how long do I have left to sort it out? 13th December? I received letter off BC today asking me to phone them as it can be resolved without getting a CCJ against me.

Many Thanks.

[th9113]

Re: Claim Form Northampton County Court Bulk Centre.

Hi guys,

Amethyst said on post #13 I have until December 13ish, that date is vastly approaching. What do I do next? I am sorry to be a pain it's just I have little knowledge of how the whole procedure works, where as you guys seem to have that in abundance. I am off work now till Friday so I want to do my best to sort this tomorrow (Thursday) just need to know how to go about it.

Thanks.

[WelshBoy]

Re: Claim Form Northampton County Court Bulk Centre.

Hi,
I also have a claim I need to respond to, how do I post my request for help without confusing this thread?

Thanks.

[th9113]

Re: Claim Form Northampton County Court Bulk Centre.

Hi,
I also have a claim I need to respond to, how do I post my request for help without confusing this thread?

Thanks.

Hi,

You should see 'post new topic' option on the homepage.

[charitynjw]

Re: Claim Form Northampton County Court Bulk Centre.

Hi,
I also have a claim I need to respond to, how do I post my request for help without confusing this thread?

Thanks.

Click the link, click +Post New Thead (blue button, top left) & fire away!

http://www.legalbeagles.info/forums/...-a-Court-Claim

[Gorang]

Re: Claim Form Northampton County Court Bulk Centre.

Hi guys,

Amethyst said on post #13 I have until December 13ish, that date is vastly approaching. What do I do next? I am sorry to be a pain it's just I have little knowledge of how the whole procedure works, where as you guys seem to have that in abundance. I am off work now till Friday so I want to do my best to sort this tomorrow (Thursday) just need to know how to go about it.

Thanks.

:bump2: