Duo
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Thanks Andy.
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Thanks Andy. Will there be an issue enforcing clauses of the agreement if the claim has been discontinued or will the clauses stand as a contract?
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BTW I probably don't really need a confidentiality clause, I just want to get them to remove the default from the credit file, which may well require them to remove the entire line item and this may be one way to do that.
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No. Much less.
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Thanks andy. I have made progress on a settlement but I would like the order formulated in such a way that the courts don't show a judgement on their records and I also wanted to have the debt deleted from the credit file. I was thinking of having a clause in the Order requiring that the case be discontinued once payment is made (single payment) and also a confidentiality clause. However if the claim is discontinued won't it then no longer be possible to enforce the confidentiality clause? Would the agreement and payment be seen as an admittance of liability or as a settlement to prevent further legal action? Would this kind of thing normally be done with a Tomlin Order or a Consent Order? Are there any templates / set clauses which should be in such agreements to prevent the remaining debt being pursued later, sold on, returned to the original credit card company, etc. Lots of questions, I know, but I think I'm almost at the end of this.
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If an order is made without notice you have a window during which you can request that the order be set aside (if you have good reason). The order to lift the stay and issue Directions Questionnaires was made without notice so I made an application to set it aside. No, no directions from them. They say that they haven't filed any with the Questionnaire but that they would ask for standard directions if the settlement discussions were to fail.
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the stay was lifted and the Directions Questionnaires issued with proposed allocation to the Fast Track. They sent me their directions questionnaire but they had no proposed directions with it. The form is form N181. Their form: A. Legal representatives advice on settlement check box checked. A1. Yes A2. Yes B2. No C. Yes D1. No E. No, No, No F. They state that they wish to rely upon their witness statement and place parties on notice that they wish to rely on hearsay evidence. G. Less than one day Here is what I have so far: A1. Yes A2. Yes B2. No C. Yes D1. Yes (application to set aside order to lift stay - no hearing date yet) D4. What do I put here? Standard Directions? What about the illegible agreement and the lack of response to the CRP 31.14 request? E. No, No, No F. My Name. All facts G. One day selected. Also added dates when unavailable in appropriate box. I. Amend the defence. I would appreciate any help with filling this in and proposed directions if necessary. Thanks.
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Thanks guys.
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This is turning into a mess because I used the defence suggested by BankFodder first then I had to add to the defence with the points from andyorch. The CBCC may or may not not have added the additional points to the file earlier, they don't know and since the file is with a judge for consideration of lifting the stay they can't confirm it. However they say that they have added the points to the file now just to be sure. Apparently I now need to serve a copy on this on the Claimant. I have two worries here: 1) That this may automatically give them the right to lift the stay so that they can reply to my defence although, if they had these additional points they would most likely have never applied to lift the stay. 2) The additional defence points my be rejected by a judge at a later stage because he / she may consider them not to have been submitted correctly. I have no way of knowing how the CBCC works. The CCA that I was sent before is illegible and I think that I should write to Kearns and let them know that this case is still unenforceable and no further action should be taken to enforce it because they have not complied with my request. Any advice on this situation? I think that there is a very strong probability that the stay will be lifted if I take no action.
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Thank for this, jack. I did a SAR earlier in the year but I need to ask for more information and go through everything I received again. Thanks Andy, I have purchased the book.
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Thanks Andy, I don't have a date for the hearing. I actually called them up and asked them what the status of the case was and they told me about this application to lift the stay. Other than that I haven't received anything yet. For the book I actually meant a book for Fast Track cases. Since the amount claimed here is over £12,000 I doubt that ti will be allocated to the Small Claims court.
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How do I oppose via a witness statement? Will they send out a letter offering me that opportunity or do I just have to submit it to them? If it is the latter is there a specific form that I need to use? I am told that the case file has been sent to a judge for a decision. Will the witness statement still be passed to the judge in these circumstances? On a slightly different note, I notice that there is a book advertised on this site about dealing with the Small Claims Court . Is there one for dealing with the County Court?
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I haven't had anything yet. I'll see what the post brings tomorrow. If the stay is lifted then would the next step be an attempt to strike out with an Unless Order due to the illegible / incomplete CCA and non-compliance with the CPR 31.14 request?
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Should this be an automatic process undertaken by HMCTS? I didn't know that it applied to things like requests to lift stays since apparently I wouldn't have any input in that process.
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I called them again and it appears to be a request to proceed rather than a request for a summary judgement. The file has already been sent to a judge so I'm told that they can't see exactly what it says or the reasons they have given for the delay. I should be able to get a copy when it comes back and the judge has made his order.
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