Thanks have had a nosey....I think they have limited it to 14 days because the judges order in this case states all disclosure served on all parties by 7th May 2009 ( thursday) and all requests to see actual doc's by 14th May 2009 so......u see.....14 days!!!!!!!:-| It's probably more for their benefit than mine cos I am happy to carry on.

Thanks spam I know its hard cos I am not looking forward to facing judge etc but I think they bank on that and expect us to settle so we dont have to face it but I am not accepting their first offer....like I said...they will have to do better than that before I walk away!!!! Of course they dont have any evidence or they would have been waving it in front of me by now saying here look at this we have a valid claim......but thats 2 words Marlin dont know intit...."valid Claim" Thanks for ur support, .......comin back attcha fedup

Hi IGNM How do I know if its a proper part 36 offer?? Apparently I have 14 days from 28th to consider........

Ok thanks for replies, I am ploughing on with preparing to hand in my disclosure documents by thursday. I think if they had gone lower with their settlement offer, instead of £3750 (claim is for £7600) .....say around £2500 to be paid over 100 months at £25 ( and no threat of further battles with them) then I would have settled on that like a shot but £3750 is still alot when I have bank statements I have........so I think I will wait for disclosure date (thursday) and see if they send anything.........if they dont disclose then they obviously DONT have anything to back their claim up and I will go for the N244 and pay to force their hand..(it's worth it I think) Will keep you posted..... fedup

bump

so wot would your advice be

hi again.....well this is the thing, the installments they want at first are £10 per month but it states in order that things shall be reviewed every 6 months, so if we DID agree to it, in 6 months we could find ourselves having to pay alot more each month........I dont trust them one bit.

So what advice would you give regarding entering into a tomlin order then IHNM? We dont have long to decide, and I am happy to go forward with the court action..... fedup

Hi IGNM......have you heard they do this alot??

Hi IGNM Yes i have seen that in other threads and have just listed in general order ie "pages 2 to 12;- correspondence between defendent and claiment";) But see my thread http://www.consumeractiongroup.co.uk/forum/legal-issues/183981-county-court-claim-help.htmland you will see they have offered a tomlin order......

........Of course Mine is a claim Im defending and yours is a set aside application so......still same scummy solicitor's tho

As for the enforcement of the CPR, thats what you ask for in the draft order for directions that you attatch to the Allocation Questionaire (I think)....and the judge SHOULD read and make an order as per...... But they dont, as I had sent MC a request for Information using CPR 18 and MC ignored it, and I asked in draft order (that they be made to show mw stuff like default notice etc) and the judge made absolutely NO mention of this in the order he made following the AQ handing in. In the order it just said basically both parties hand your evidence in by such a date....... fedup

Spammy as Churchill would say....."OHHHH YESSSS"!!!!!!!! (the dog not the PM)

Hi r&b As my case is at the "lets swap doccuments" stage ie....I have to fill in a disclosure list (N265) to say what doccuments I have in my pocession and that I am going to rely on them in court...... like bank statements and correspondence between claiment and defendent. The other side have to do the same and then, say they put that they have a default notice etc I could then request to see the original copy within 7 days. SO if they have letters etc between themselves and spammy then they HAVE to disclose them otherwise they cannot rely upon them in court. See, clear as mud......

Hey I'm answering my own questions now lol....I've come a long way with the help of CAG:D:D Term: Tomlin Order 1. A Tomlin Order stays a claim on agreed terms that are set out in a schedule to the court order, which remains confidential between the parties and brings the disputes between the parties and the litigation to an end other than for the purpose of enforcement proceedings, if they are required. These orders are recognised by Part 40.6 of the Civil Procedure Rules and generally take the form: 'The parties having agreed to the terms set out in the attached schedule IT IS ORDERED BY CONSENT: 1. That all further proceedings in this claim be stayed except for the purpose of carrying such terms into effect 2. Liberty to apply.' The terms of settlement are thus set out in a confidential schedule to the order

I think that if it gets to the stage where the judge makes an order for disclosure and you both hand in your evidence then both sides have to disclose everything they have in relsation to the debt so that would include letters etc would'nt it??

Hiya guy's and thanx Have just opened post to find exactley what the reason for their call was yesterday.......they want us to sign a "Tomlin Order" saying we owe half the debt and that we will pay it back at £10 per month and the payments will be reviewed every 6 months. Ok so first question is obviously "Whats a Tomlin Order" and second thing is...I am in the process of sorting out all my evidence to hand into court, and thats took me ages cos I have sooooooooo much stuff to prove we never had an overdraft for X amount of money,........ Any imput here would be fandabbydosy

Hiya, well I've never called them anyway....but I cant remember if I put the number on the online claim form I responded to.....anyhow....I'm sat by the phone:rolleyes:, come on mortimer, make my day

Had one foot out the door this morning on way to work en phone rings...its Mortimor Clarke Sol's.....she wanted me to confirm my date of birth before she'd go any further so siad sorry am off to work love:eek:!!!...I cut her short but the upside of this is, 1, what the feck do they want and 2, how did they get my number as we are x directory!!!!!

Yes I suppose your right....but I have the form printed out and everything Ok I'll give em 1 week to the 14th and then it's going in.......bet they would not be so lenient if it was ME who was late handing my evidence in!!!!

Loved the first post Harrassed, sock it to em!!!! I wish I'd been a fly on the wall!!! Banks.....dont we just HATE em!!!!! fedup

Thanks Andy. Yes same claim number.....I will send them (sol's) one copy with one N265 with both names on, unsigned of course. If they dont comply with the order to send me what they have by 4pm on 7th May can I put a form N244 in on 8th May when court opens at 10am to have the claim struck out because of their none compliance?

Ok thanks for that....it's 2 seperate summons...1 in my name 1 in hubby's......does that mean 2 copies to mortimer clarke aswell?? If so thats gunna cost me a blummin fortune!!!

just another quick question.....if its 2 defendents, namely me and hubby....and the case is in both our names, im defendent 2 hes defendent 1, do we have to submit 2 lots of evidence even though its gunna be the same evidence or can i just submit 1 lot and put both names on bundle?? Thanks Fedup

Spam they will have been served with your original defence if you entered one, after you acknowledeged the claim. so yes they will know you are defending. God I bet Mortimer Clarke solicitor (s) loves opening the morning post to find yet another defence to a claim they have issued!!!!