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Posts posted by Tonster

  1. Hi All


    Received on match night a PCN under code 01 parked in a restricted street during prescribed hours. There were marked residents bays (white lines) which I avoided and parked on single yellow line as there were no yellow signs showing any restriction.

    Seems the residents parking zone signs (nowhere near that street) applies to the yellow line?

    Is this the case and any grounds for appeal?



  2. I've read loads of threads dx and been through this with several different creditors over the years

    and I know there is nothing I have to do at this stage



    but also I don't want to sit here blindly waiting for them to eventually find what I already have (this is more than possible)

    and then they lift the stay and I could end up with a CCJ for nearly £12K.



    Hence my question re getting a settlement before it gets that far.


    The agreement looks compliant to me so then I could be up against it in court.

  3. Hi Andy


    Latest letter received from Restons.


    I guess eventually they will get the agreement from Lloyds (I have a copy but from some years ago,

    it took Lloyds about 12 months to retrieve it back then)



    but really want to avoid a CCJ so am thinking of offering a f&f (15%) if they agree to it

    and then I can avoid a CCJ if I get in writing from them that following payment they will inform the court that the claim is settled?


    I've included the agreement I got some years ago from Lloyds (who knows if it still exists)

    and it looks compliant so if they can eventually find it I could lose and get a CCJ?


    One other question,



    if the DJ says they need the original agreement in court,

    do they need the actual original agreement or does a photocopy of it usually suffice?

  4. Understood, cheers


    So, e-mail back from them as below accepting my lower settlement figure of £300 (initial claim nearly £1500) so I'm ok with this to close it once and for all.


    They state the below in regards to the court action :


    Once the payment has been received, we will write to the courts to notify them that the account has been settled in full and to cancel the outstanding claim with immediate effect.


    Please take this email Mr Preston, as a commitment of SLL Capital to honour the terms outlined above, once the payment has been received.


    Would you say this is good enough and their promise to cancel the outstanding claim will be in effect a notice of discontinuance or can they just inform the court that the claim is settled?

  5. If so then the Tomlin Order must contain detail of the F&FS agreement



    Understood. Don't think they will go for Tomlin Order (they wouldn't last time) but I'll see what they come back with. If not, I'll let it proceed to mediation and agree the same settlement there (or lower) and then there is no CCJ and it's legally binding without the additional costs of a Tomlin Order?

    If there is no agreement at mediation as per the defence we put together they wouldn't/shouldn't win in court anyhow (although I understand the DJ lottery) hence trying to get rid of it before then.


    Hi Andy



    So, nothing yet from the court re allocation but I have had another e-mail from the claimant.


    As follows:

    Reduced settlement offer to settle the account

    £4**.00 to be paid in a one lump sum or over 8 payments of £**.00 starting the 30/06/2015,


    you did offer a plan on the 14-01-15

    see your email below

    which I have reduced further.


    If both parties agree to this arrangement all court action to stop immediately and as long as the payment arrangement is kept up to date no further action will be taken.


    Your account would be paid in full if the £**** settlement is agreed and as I have stated above we have reduced this figure by £99*.** to mediate and resolve this matter.


    My name is ****** and you can call me personally on ****** to discuss.


    So my question is 'if I want to accept the further reduced figure (or indeed negotiate a lower settlement)


    I would need them to offer a notice of discontinuance in writing wouldn't I unless I let it proceed to allocation and mediation as obviously I don't want a CCJ out of this?



  7. Hi Andy



    So a general directions order has arrived today from Northampton :

    'The court will deal with the application to lift the stay without hearing under CPR 23.8 ©

    It is ordered that:

    The application to reinstate the case and file direction questionnaires granted.

    Note: This order has been made without a hearing under the court's case management powers contained in the Civil Procedure rule part 3. You may within 7 days of the service of this order apply to the court to set aside or to vary the order under part 23 rule 10. You must file with the court and serve on other parties an application that sets out your reasons for objection. A fee is payable upon filing the application. When your objection is received the matter will be listed for hearing unless you ask the court to vary the order without a hearing.



    Any advice on next steps welcome Andy, is it worth objecting to them re-instating the case? If not, are we back to where we were in terms of DQ's and mediation would be next? If I don't now file an objection is there anything else for me to do or await mediation to be in touch?







  8. What order are they requesting on the N244 Tonster...(verbatim)...relief from sanctions?






    Hi Andy


    I can scan up their N244 if you like but literally the order they are asking the court to make (question 3) is 'Re-instate claim'. That's it.

    Their answer to question 10 (what evidence will you be using in support) is 'The DQ was sent well before the deadline. We have no idea why the claim has been struck out as even the defendant has asked for a Mediation'


    That is it verbatim (I know I know)



  9. Hi Andy


    So, it continues. SLL have now sent in a N244 form along with a cheque for £50 to Northampton to 're-instate' the case. They state in the N244 'The DQ was sent well before the deadline. We have no idea why the claim has been struck out as even the defendant has asked for a mediation.


    They've sent me a copy of their DQ and N244. Nothing yet from the court. I was wondering what's the likely outcome (options) and is there anything I should be doing at this stage?



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