mjt2013.

I am not obliged to comply to the consent order until both parties have signed and agreed upon the terms and the schedule and it is sealed by the court,

that has not happened yet! and

yes you are right it is my decision not to have a cheque book

I stopped using cheques years ago.

who would want to send a cheque every month for years

anyway in these days of technology

Why should I have to call SCM debt collection teams premium rate number when they could so easily answer my letters

Right, stop quibbling,

this is what is happening,

consent/tomlin order, agreement details a payment of £xxx to be paid 30 days from the date of the order,

then same amount every 30 days thereafter.

the 1st order SCM drafted had the wrong claim number,

the 2nd amended order drafted was dated and stated 1st payment to be made 30days after the date of the consent order,

I sent this back to SCM with the date deleted and confirmation that I will make the first payment 30 days after the order is sealed by the court and signed by SCM,

and requested their account details again so that I can arrange regular payment via Direct Debit.

I received an updated consent order with a new date on it,

SCM agree to 1st payment 30 days after the order being sealed by the court,

but that is in a letter enclosed but not attached to the consent order,

and still no details of who to make payment to.

I would gladly start making payments if I knew who I was supposed to pay.

I do not own a cheque book, and have no desire to.

so I need account details.

No, still waiting for the order to be sealed by the court, keeps being sent back and forth confusion over dates to start payments, and I have written to SCM asking for details (their account number) to make my payments to but they still have not sent them. how am I supposed to pay if I don't know who to pay?

Quick update

Still no response from SCM so I have posted DQ to Northampton and re-posted consent order to SCM even though they signed for the last one

Why

Angel235, has who changed their name

Angel235

I am doing my best to ensure that I follow civil procedure rules, until I am sure that the claim is stayed otherwise SCM could just sneak in the back door and get judgement by default if I do not return the DQ to the court. So I need to ensure I file the papers before the 5th Dec because SCM have not responded to the consent/tomlin order yet!

Thankyou for your guidance CitizenB

Very useful, I am hoping and praying it doesn't get that far,

Thanks CitizenB

So all I need to do is fill out the forms and send back to court, (I do NOT need to include any witness statement yet?)

Plus for the mediation service it asks for any dates in the next 6 weeks that I would NOT be available for a mediation appointment. (difficult, I work full time) (Hopefully SCM will respond soon)

Hi All

Quick update and a question

No response to my accepting the consent/tomlin order from SCM yet,

Got home today to find a court letter from CCBC Northhampton, dated 18th posted 19th received 22nd, Notice of proposed allocation to small claims track (N149A), mediation service form and (N180) Directions Questionnaire, to be returned to court by 05/12/2013, Important Notice:- if not complied with the court will make such order as appears appropriate. So I know I MUST comply. why do these things always arrive on Fridays.

So SCM must have replied to my defence but should I have received a copy of their reply with the DQ?

I also sent 3rd DSAR non-compliance letter to BOS on 8/11/13 basically giving them 7 days to complete DSAR or confirm in writing that they can not supply what I asked for. Rang BOS earlier to ask if they will comply but was told I needed to speak to their litigation dept in Hove (i.e. SCM) so I am in catch 22 cos I know I will not get the info I requested now, (I know this should be all over by now but I feel they are playing mind games with me).

Angel235 sorry but all I can say is that I will be accepting the offer and consent order I just needed to clarify a couple of points in the schedule I will update this thread when it is settled, and to be fair there has only been 2 PM instances because they could not be publicly discussed. Andyorch has explained above.

If you have a similar problem then Andyorch is the Man :whoo:plus everyone else who has helped.

WHAT A FANTASTIC SITE TEAM:whoo:

Hi Andyorch

I have sent you a PM, the cover letter states respond within 14 days, accepting the order will STAY the proceedings but if they do not reply to MCOL with a response to my defence in 28 days (which will be due this week) then the claim is STAYED (letter from MCOL) I know they can lift this, and it would be good to settle it but I want to be sure it's all above board.

Thanks CitizenB

I have a couple of things I need to query on consent order and not sure if I need to

Kind Regards

Jillee55

Sorry Angel235 I can not post such sensitive data, but the monthly phone bill is a true amount usually between £100-120 per month that is for landline and 2 mobiles all of which are in my name, OH uses 1 of the mobiles as is self employed so I suppose it is not high really.

Good Morning all

Reply received including draft of consent order for me to sign

they have increased my offer as on I&E some items seem to be a little higher than expected (phone bill ect.),

but these items are for 2 persons as the only way I could get a + result on I&E was to include OH contribution to household income,

none the less I should be able to afford it if I can stop ringing 0845 numbers, need to reply in 14 days.

Andyorch your advice is needed PLEASE if you are around:-)

Thankyou to All

Yes done

NO. just curious, at the end of the day I have still got a court claim to deal with!

gosh this is becoming a very long thread, I could write a book:-)

Just curious

Thanks Andyorch

I just wondered,

Silly Question = Are SCM same as Sechiairi Clark and Mitchell, and are they really solicitors, or just another TSB in house collections team?

Angel235

If the claim was against you, would you consider the errors silly or would you expect the solicitor get it right first time?

considering the limited time allowed for replies to letters my pointing out to the solicitor just 2 of the errors on their letter lost me the chance to negotiate and 7 days to respond, I could have ignored the error and responded to the settlement / consent order leaving them still thinking that the claim was with TSB, but would the judge have sealed the consent order? and where would it stand legally?

Hi Angel235

I was just having a little rant, letting off steam as such, I had no problem with I&E and have used I&E provided by a legal service, + letter in response to offer and my proposed payment schedule all ready to post tomorrow. hopefully they will accept, I will update as soon as I have any news, Thankyou for your concern. I have deleted my Rant

Thanks Andyorch OK will proceed,

Deleted by jillee55

letter

Hi Andyorch

shall I copy the letters to post rather than type it out? it's quicker for me