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albertjohn

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About albertjohn

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  1. thanks again for your help and I will take the first steps suggested then update you via the site team.. enjoy the break
  2. no problem.. our posts crossed but anything you need and thanks for all your help! Laters...
  3. Further to the above the debt totalled £2376.00 and a repayment plan was proposed to HSBC in May and payments made against it in May June and August, the final balance being paid in October. The first document was received claiming £1800 plus court fee and costs dated 10th July totalling £2000.36 although we had agreed and were making partial payments . We can remit the £200.36. The dispute is with the costs which of course escalate with every visit, all of of which are futile as we are not there (and the premises is occupied by new tenants). If we were to apply to have the writ set
  4. Thanks for all the input really helpful Judgement Debt £1853.64 Judgement Costs £177 Execution Costs £111.75 Interest to Date £24.23 Enforcement Fees £695.59 Less Credits Notified £1800. The supplier factored the invoice to HSBC Invoice Finance and as such would have passed the monies back to them upon receipt but the wording from Marston letter suggests they have not been passed this money and therefore given this and your extract from The High Court Enforcement Officers Regulations 2004 (3), shall I offer them a nominal sum or will I be able to dispute liability? When they f
  5. The creditor was told they would be paid by a certain date and the amount for the goods of £1800 was remitted to the creditors bank account. In the interim they must have decided to use a high court enforcement process due to the age of the debt. What I think I need to know is what can the company concerned charge which cannot be disputed or stayed and what is the best process to make a full and final settlement. The creditor is satisfied it will now all be about Marston acquiring fees.
  6. I need to respond to Marston HCE who are trying to charge one thousand pounds of fees on a debt which has been paid in full in terms of the original invoice. I remember reading a reference guide listing statutory/ reasonable fees and wondered if someone can point me to that. I hope we can then pay them based upon the guidelines as they have applied enforcement fees of £700 when we had already paid the supplier the original amount of £1800. Any help or guidance would be appreciated. We have paid the provider directly not the HCE agent who we have never met and who sc
  7. Thanks Blinky123.. but is this still the case even if the treatment was pre authorised by the insurers prior to cessation of the cover??
  8. Hi and thanks for that. But there is no court order from my basic understanding there is a consent order which we are being asked to sign which does not represent what we agreed. My concern is what the process will be if we refuse to sign the order but make the payments, will we end up agreeing a plan with the court and the other side? Is it the case that the claimants can be unreasonable/change the goalposts when as you will see from the original posts they did not take a more amicable route. Also are they likely to proceed with threatening action again on the basis they may get more
  9. No the consent order was not signed on the day and that's why the court had no visibility of it. It is the draft of it now that we are disputing as the email we sent to the other side was not disputed but clearly does not say a specific payment date each month. To be fair they mentioned verbally the 1st of each month but we didn't agree to that or sign anything to suggest we have. All we agreed was to clear the amount in fixed payments over the time period agreed (in months).
  10. As you know this is all but agreed except that we now have a contention. The draft order was issued (I can send you the wording of you need it) and then a Note of Order issued (again i have it if you need it) and the note of order said that as the court had been notified that a settlement was reached although it had no details of the terms it understood that subject to compliance with those terms the writ of fi fa will not be pursued therefore it was ordered that the application be dismissed and no order as to costs. Now almost a week later the timings of the payments being requested in the
  11. We had some private healthcare via an employed status contribution for the whole family and some important and expensive work was authorised for my wife (prior to time when the Company stopped paying for the cover) to be carried out. The Specialist involved has decided that the operation should not take place for a few more weeks and the insurance company is now saying that although it authorised the work in writing because the policy has now ceased she is not covered!!! I appreciate it may be in the small print but does this stand up in contract law etc as it is previously authoris
  12. So good news... We settled - I would call it won - on the court steps so to speak :boxing: It was at a figure which was basically what we thought was due + some interest which we had no problem paying. The claimants solicitor maintained that the claimant would have the HCEO fees in full but I said they wouldn't - the web site of the HCEO says what they charge for unsuccessful visits and it is peanuts so after more rows and calls to Europe that was reduced to next to nothing The consent order has given us nine months to pay with no further costs to be added:smile: yep that's rig
  13. [i]Why the change of heart on their part? What did you do? .. Just advised them today that we have evidence to reduce the amount being stated + I guess they want it settled soonest now! Not sure I completely understand the CPR costs issues... if you disagree, then it will go for a costs hearing however CPR 44.3 is not applicable as the judge has no discretion as to the proportion of costs to award, thus it is 100% of costs to claimant when it is calculated. # Does this mean that whatever happens they are entitled to all costs including the HCEO costs which I thought we could query and
  14. Any comments on this to further my understanding would be really welcome as still (just) have time to negotiate a deal Interestingly they this evening made an offer via posh London lawyers per Section 1 of Part 36 of the CPR which is without prejudice save as to costs. The settlement sum net is effectively approximately what we think is owed + the sheriff's costs + interest. Would it now be best to make a counter offer without the execution costs and perhaps with an element of interest (as they have had the money outstanding)? I realise the CPR rules mean if they do better the costs
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