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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 25th June 2008, 12:00   #1 (permalink)
kurtangle
Basic Account Customer
Default Phoenix Recoveries

Hi

I was wondering if anyone could help me, a few months i received a claim form from Northampton CC saying that i owed Phoenix recoveries some money. I put in a defense to this as i did not know who Phoenix recoveries were. I then received a letter from Geoffrey Parker Bourne to say what the debt was, i now agree that the debt is mine, but the problem i have now is Geoffrey Parker Bourne have sent a letter asking me send a withdrawal of defense and consent to judgement letter back signed.

I am just not sure what this means "consent to judgement", does this mean i will have a judgment against my name.

Any help would be great

thanks
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Old 25th June 2008, 12:22   #2 (permalink)
kurtangle
Basic Account Customer
Default consent to judgement

Hi

I was wondering if anyone could help me, a few months i received a claim form from Northampton CC saying that i owed Phoenix recoveries some money. I put in a defense to this as i did not know who Phoenix recoveries were. I then received a letter from Geoffrey Parker Bourne to say what the debt was, i now agree that the debt is mine, but the problem i have now is Geoffrey Parker Bourne have sent a letter asking me send a withdrawal of defense and consent to judgement letter back signed.

I am just not sure what this means "consent to judgement", does this mean i will have a judgment against my name.

Any help would be great

thanks
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Old 25th June 2008, 13:24   #3 (permalink)
PGH7447
Platinum Account Customer
 
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Default Re: consent to judgement

What is the debt is it a creditcard or a loan?

A consent judgment means you sign an agreement to pay xx for xx Months, and if you miss a SINGLE payment, they enter a judgment against you without further notice.

consent judgement

A consent judgment is a final, binding judgment in a case in which both parties agree, by stipulation, to a particular outcome. A consent judgment is used in order to settle an issue before a court and to end litigation. A consent judgment is often rendered by a judge in the form of a consent decree.

Last edited by PGH7447; 25th June 2008 at 13:29.
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Old 25th June 2008, 13:52   #4 (permalink)
kurtangle
Basic Account Customer
Default Re: consent to judgement

thanks very much for this, i just didnt know what i would be agreeing to

the debt is for a catalogue

thanks
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Old 25th June 2008, 13:58   #5 (permalink)
2Grumpy
Platinum Account Customer
Default Re: consent to judgement

Yes.

You should get advice about defending this

Even if the debt is yours, it is probably worth defending

You don't know that the amount is correct, whether there are any penalty charges etc.

You don't have the CCA so you don't know if they have kept to their terms & conditions or whether it is enforcable by the courts

You don't know if any default notice was sent out with the correct balance and correct format

you don't know whether a period of 6 years has elapsed since you acknowledged the debt

So go with a CPR letter & get all the information that you can. Send a CCA request

You might have to tell the court that you need to change your defence
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Old 25th June 2008, 14:00   #6 (permalink)
2Grumpy
Platinum Account Customer
Default Re: consent to judgement

Quote:
Originally Posted by kurtangle View Post

the debt is for a catalogue
Catalogues generally don't keep credit agreements
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Old 25th June 2008, 14:06   #7 (permalink)
2Grumpy
Platinum Account Customer
Default Re: consent to judgement

which catalogue is it?
was it for purchases on credit - pay over n weeks - or have pay an invoice in one payment?
how much is it (approx)?
when is this from?
how long since you last paid anything?
have you had any other letters about this?
have you moved house a lot so that they couldn't trace you? it seems strange that they would persue you like this without any previous letters
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Old 25th June 2008, 14:15   #8 (permalink)
mnrbig
Classic Account Customer
Default Re: Phoenix Recoveries

..

Last edited by mnrbig; 25th June 2008 at 14:38.
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Old 25th June 2008, 14:19   #9 (permalink)
PGH7447
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Default Re: Phoenix Recoveries

duplicate thread

Thread link edited to avoid further confusion

Last edited by MARTIN3030; 25th June 2008 at 14:34.
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Old 25th June 2008, 14:33   #10 (permalink)
MARTIN3030
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I am in: St.Helens Merseyside
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Default Re: Phoenix Recoveries

2 threads merged-please keep to one thread

Thanks PHG7447
__________________
Halifax ; First and easiest of the lot.
Royal Bank Scot; 1 done 1 stayed
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Wishing all a great year in 2009-and hope everyone gets ALL their charges back..and justice for any other issues that come your way.






Advice offered by MARTIN3030 is without predjudice and is for your judgement as to whether to take it.
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