Jump to content


  • Tweets

  • Posts

    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Consent Order..........advice needed!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5520 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

My wife and I are heavily in debt. We have arranged a debt management plan (DMP), where we pay our creditors on a monthly pro-rata basis.

 

Occasionaly, a creditor takes thing a stage further and threaten Court action to gain a Judgement. So far, so good, we have no CCJ's, thanks to this excellent forum.

 

However, one of our creditors started the process of a CCJ. We went through the motions of DPA & CCA, etc. Eventually, they came up with a copy of the original agreement, plus a list of all charges, etc.

 

A date was set for Court. Doom & Gloom prevailed!! However, in the post came an offer of a Consent Order. They will agree to £1/mth and drop the Judgement.

 

As we are already paying them £1/mth through the DMP, is there there a hidden trap by signing the Consent Order? Or, is this a CCJ without security.

 

Does a Consent Order get validated by the Court? Is it legally binding?

 

All my web searches for Consent Order's return info on divorce, personal breakups , etc.

 

After looking over all options, it would seem safe to sign the Consent Order, but another opinion would be much appreciated.

Link to post
Share on other sites

Are they asking you to give consent for a voluntary charging order? I have received one of these in the past from Weightmans.

 

I wouldn't rush to sign anything without further advice.

 

Is it possible you could scan and post up the letter (omit personal details) or at least type up the main body of it?

 

Also, are you paying for your DMP? There are several recognised, free organisations who can offer the same, if not better support.

 

Have a look at this link: http://www.consumeractiongroup.co.uk/forum/getting-out-debt/130781-where-get-debt-help.html#post1374472

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

Link to post
Share on other sites

Hi trapper,

 

I would seriously consider making an appointment at your local CAB, or talk to your DMP people or even go and get a free consultation at a local solicitors (many of them do a free 15/30 mins initial session).

 

& separate to the above, have you had the CCA checked out? is it even enforceable?

 

Good luck :)

gh

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

Link to post
Share on other sites

As requested, copies of letter proposing the Consent Order, and the Order itself. As you can see, CL Finance propose reducing the amount outstanding and ask for £1.00/mth under the Order, and will drop the CCJ. We are already paying this amount to CL under our DMP.

(Quoted figures have been altered)

Seems like a strange move! Any suggestions?

 

WITHOUT PREJUDICE

 

Dear XXX

Re: CL Finance Limited -Yourself

County Court Claim No: xxx

Small claims Hearing xxx

Balance to date: £ 1500

We refer to the above matter.

In particular we refer to the small claims hearing due to take place on the xxx 2008.

In an effort to bring this matter to a satisfactory conclusion, our client is prepared to accept payment of £950 by instalments of £ 1.00 per month, subject to a Consent Order which will avoid the entry of a county court judgment being registered against you.

We therefore enclose three copies of a Consent Order for your consideration. If you agree to the terms upon the Consent Order please sign all three copies and return them to this office immediately.

We apologise for any inconvenience and look forward to receiving your reply.

Yours sincerely

Howard Cohen & Co

 

.....and the Consent Order:

 

In The XXX County Court

Claim Number. XXX

Between:CL Finance Limited Claimant

And: XXX Defendant

Before an Officer of the Court

BY CONSENT

I . The parties having agreed the terms of settlement in the schedule attached hereto, all further proceedings in this

action be stayed save for the purposes of carrying into effect the terms in schedule hereto.

2. There be no order as to costs

3. Liberty to apply.

SCHEDULE

The Defendant do pay the Claimant the sum of £XXX by instalments of £1.00 per month commencing one month from the date of this order.

Signed (Solicitors for) Claimant

 

Signed (Solicitors for) Defendant

Dated: XXX 2008

Edited by trapper
Pasted text came out in coded format!!
Link to post
Share on other sites

One further question to my previous post: If CL Finance/Howard Cohan were taking us to court for a CCJ (we have received SAR, etc), why would they change their mind and seek a Consent Order??

 

Also, what are the implications with agreeing to a CO?

Link to post
Share on other sites

I haven't heard of a consent order, but i would be interested to know what it is exactly and what the implications might be, i hope others come forward with their views,

However i cant help smelling a rat here, if you have filed a defence, has it scared them off, are they trying to avoid a discontinuance.

I dont know, anyone else???

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

Link to post
Share on other sites

I've posted your link somewhere else to ask others to look. Sit tight, i will check tomorrow to see if you've received more help ;)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

Link to post
Share on other sites

Does a Consent Order get validated by the Court? Is it legally binding?
Yes to both. Consent Orders are used where both parties have come to an agreement prior to the hearing

 

Not sure about:

3. Liberty to apply.

 

and exactly what the implications are, especially as Howard Cohen are involved, since their modus operandi is usually more rotweiller mode than this

 

Failing further advice by anyone else, I would phone the National Debtline on 0808 808 4000

 

Link to post
Share on other sites

The parties having agreed the terms of settlement in the schedule attached hereto, all further proceedings in this

action be stayed save for the purposes of carrying into effect the terms in schedule hereto.

 

What is in the schedule?

Consumer Health Forums - where you can discuss any health or relationship matters.

Link to post
Share on other sites

See bottom of Trapper's post:

SCHEDULE

The Defendant do pay the Claimant the sum of £XXX by instalments of £1.00 per month commencing one month from the date of this order.

Signed (Solicitors for) Claimant

 

Signed (Solicitors for) Defendant

Dated: XXX 2008

Link to post
Share on other sites

I had one of those from CL Finance and I wrote back and told them no. I wasn't sure at the time if it meant I would still get a judgement so I wasn't taking any chances. They have taken me to court over an unenforceable agreement, they issued the proceedings before I was notified that the debt had been assigned to them, and I have never received a default notice. I have literally five minutes ago faxed a four page defence to the court.

 

My thread is here:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/118810-goldlady-cl-finance-round-2.html#post1523363

 

Not sure if you can do anything at this stage, but CL Finance seem to be a bit trigger happy with the court claims IMO.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

Just thinking aloud here -

is the original agreement actually enforceable?

if you agree to the consent order could they then apply to increase payments later (or sooner!!)

by agreeing to a consent order are you therefore accepting the debt???

 

What I am trying to get at is whether the OC is being lured into admitting an unenforceable debt - then the DCA will apply for higher payments or a CCJ & enforcement nasties

IMHO I can't see why anyone would formally accept 950 monthly repayments of £1 - doesn't make sense to me

but by the order you are admitting you will repay that amount even though the original agreement may be unenforceable, and you'll not get out of that 'new' debt of £950

 

Sorry for rambling :lol:

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

Link to post
Share on other sites

subscribing. This sounds very dodgy and I would be wary of signing something without knowing the implications.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

I did some googling :) It looks as though Consent orders are used mainly in divorce cases where a maintenance order has been agreed. However the consent order allows the 'claimant' to go back to court at any time should the other person default. What I dont understand, is that you already have an agreement in place via a third party to pay what they are now asking you to sign up to?

 

I hijacked this paragraph from somewhere.

 

 

"Though not everyone calls it "Tomlin Order," there does seem to be merit to this consent order. The terms of settlement are incorporated into a schedule which is attached to a consent court order. That will be drafted by one of the party's solicitors and agreed by the other. The effect of the Order is to stay the action indefinitely whilst the defendant complies with the terms of settlement. If he defaults at any time you can return to court and apply for judgment for the balance outstanding. There would be no defence because he had consented to the settlement. If he fulfills his part of the bargin that is the end of the matter. "

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

It occurs to me that perhaps CL Finance/Cohens have had their wrists slapped for issuing blanket court claims and have realised that in your situation you already have an agreement in place and that if it goes to court they could be in trouble for wasting the court's time. Whilst I am sure you can keep to the proposed agreement if you do sign it I do think it is something that could turn into a judgement if you were to default;)

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

Link to post
Share on other sites

I did some googling :) It looks as though Consent orders are used mainly in divorce cases where a maintenance order has been agreed. However the consent order allows the 'claimant' to go back to court at any time should the other person default. What I dont understand, is that you already have an agreement in place via a third party to pay what they are now asking you to sign up to?

 

I hijacked this paragraph from somewhere.

 

 

"Though not everyone calls it "Tomlin Order," there does seem to be merit to this consent order. The terms of settlement are incorporated into a schedule which is attached to a consent court order. That will be drafted by one of the party's solicitors and agreed by the other. The effect of the Order is to stay the action indefinitely whilst the defendant complies with the terms of settlement. If he defaults at any time you can return to court and apply for judgment for the balance outstanding. There would be no defence because he had consented to the settlement. If he fulfills his part of the bargin that is the end of the matter. "

 

I think that sort of confirms what I was babbling on about last night.

 

My guess is that they have an unenforceable agreement, but 'offering' you a consent order, makes it into a new agreement and wholly enforceable for ever......

together with 'Liberty to apply' would mean that as soon as the order was in place they could apply for further enforcement saying that £1 pcm for over 79 years wasn't reasonable ....

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

Link to post
Share on other sites

I think that sort of confirms what I was babbling on about last night.

 

My guess is that they have an unenforceable agreement, but 'offering' you a consent order, makes it into a new agreement and wholly enforceable for ever......

together with 'Liberty to apply' would mean that as soon as the order was in place they could apply for further enforcement saying that £1 pcm for over 79 years wasn't reasonable ....

 

 

Absolutely. trapper, is there anyway you can scan and upload, minus your personal details of course,the 'agreement' form you have. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Wow, what a great response! It seems I was right to smell a rat, which is why I made the post.

 

It would seem that they have no confidence in winning a judgement and are now looking at another way of getting us.

 

CitizenB: Which agreement do you need to see? Would it be the copy of the original credit agreement, or something else?

 

They have supplied a copy of the original CCA, but we have no other agreement with them as such. As they have been receiving (accepting) regular monthly payments through the DMP (third party) does this constitute a form of agreement.

 

Following the superb response here, we will NOT be signing the CO. My only concern is that they could still opt to seek a CCJ if we do not sign on the dotted line.

 

Or, would a Judge throw out the case, based on the fact that we have recognised our position and are making every effort through the DMP to rectify our position?

 

We have been battling DCA's & solicitors for 18mths now, have never lost, and never been asked to sign a Consent Order.

 

Under our DMP, we have slowly increased our monthly payments when able to do so. What baffles me is that they are willing to waive the CCJ and instead are trying to secure a lesser monthly payment under the CO than they are already accepting under the DMP. It does seem strange indeed.

 

This is obviously an unusual tactic and your continued thoughts/suggestions are very much appreciated. Thank-you!

Link to post
Share on other sites

Hi trapper, yes the Credit Card agreement. Are you absolutely certain it is an agreement form and not an APPLICATION form, or that is is compliant in every way.

 

It would appear to me that they are trying to prioritise their debt which isnt fair to those creditors who are accepting your payments without question through the DMP.

 

Hopefully someone with more experience will pop in and advise you with more confidence. :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

I've posted your link somewhere else to ask others to look. Sit tight, i will check tomorrow to see if you've received more help ;)

 

 

I think it's fair to say mission accomplished. Thanks to everyone who's posted. OK, Trapper? :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

Link to post
Share on other sites

CitizenB: Hopefully I have attached the copy of the agreement, as sent by CL.

 

It does appear to be a genuine agreement, however, you may see something that I have missed.

 

Any further help much appreciated!

 

ps; let me know if the attachment is missing & I will have another go!

CLdeb agreement.pdf

Link to post
Share on other sites

Unfortunately trapper, that agreement looks kosher IMHO. There's refernce to a credit limit, interest and repayment.

 

I assume your signature's there and you've simply blocked it out for privacy.

 

You may be able to fight them on default notice issues, if you wish.

 

I've been thinking long and hard about the consent order business. Personally I'd be inclined to accept it on the basis that...

 

a) Happy to pay £1.00 per month anyway.

b) Avoids a CCJ.

 

Although they'd have liberty to apply subsequently to the court to vary the terms of the order, it's for the court to decide to vary or not (in the absence of your consent).

 

A consent order is attractive to CL finance for the following reasons...

 

1) The full CCJ will require their attendance at court and they won't get the cost of this back (small claims track).

 

2) They are undoubtedly aware that by going for the full CCJ they'll still only get £1.00 pcm.

 

3) By agreeing to the consent order, should you default in the future, they can convert to a ccj very easily.

 

Regards

 

Lantana

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...