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

[citizenB]

Edited cos The Lantana got there first:)

[trapper]

Lantana / CitizenB: Thanks for your opinions!

 

Have just discovered we are missing statements from the SAR pack sent to us, so might have something there to hold against them.

[steven4064]

Hi trapper, Lantana is absolutely correct, the agreement is properly executed and enforceable.

 

If they didn't send a default notice in the correct format then they have no right to enforce the agreement and no right of action in court.

 

Also tey should have sent you details about cancelling the account within 7 days of you signing it, did they?

[crash3903]

2. There be no order as to cost

Be careful of this clause as well - This does not mean that neither party can claim costs. What it probably means is that There be no order as to costs in the drawing up of the consent order

 

HTH

[trapper]

Steven4064: Default notice appears correct, however, no notice to cancel letter in the 'evidence' pack. It's too long ago to remember if we had one, but I guess they should have had it on record.

[steven4064]

I guess so, but it wouldn't affect the enforceability of the agreement anyway

[Michael Browne]

Be careful of this clause as well - This does not mean that neither party can claim costs. What it probably means is that There be no order as to costs in the drawing up of the consent order

 

HTH

No order as to costs means:

 

Each party is to bear his own costs of the part of the proceedings to which the order relates whatever costs order the court makes at the end of the proceedings.

If the parties to an application are able to agree an order by consent without the parties attending they should also agree a figure for costs to be inserted in the order or agree that there should be no order as to costs.

[crash3903]

Well in my experience that is what it means on the day in the court

 

But you are better placed than me

[trapper]

So the remaining question is 'what to do now'?

 

The hearing was supposed to be this week, but we have requested a new date.

 

CL/Cohen have supplied all documents; Agreement, Default notices, Statements for last six years, of which many are missing.

 

CL have been accepting regular monthly payments through the DMP, and originally sought a CCJ, but offered a CO at the last moment for an amount less than their DMP payment (as well as reducing the total outstanding if the CO was signed).

 

CL are a lessor creditor, all others seem reasonably content at the moment.

 

So, do we sign the CO, or take a chance in Court? Decisions, decisions!

[citizenB]

So the remaining question is 'what to do now'?

 

The hearing was supposed to be this week, but we have requested a new date.

 

CL/Cohen have supplied all documents; Agreement, Default notices, Statements for last six years, of which many are missing.

 

CL have been accepting regular monthly payments through the DMP, and originally sought a CCJ, but offered a CO at the last moment for an amount less than their DMP payment (as well as reducing the total outstanding if the CO was signed).

 

CL are a lessor creditor, all others seem reasonably content at the moment.

 

So, do we sign the CO, or take a chance in Court? Decisions, decisions!

 

 

And one that only you can make. I personally would be prepared to go to court to get it sorted once and for all. But that is my PERSONAL opinion. It does bother me that they are trying to prioritise their debt as you say over others who have accepted your DMP without question.

[trapper]

It does bother me that they are trying to prioritise their debt as you say over others who have accepted your DMP without question.

 

Exactly CitizenB, I have pointed this out to the court and will highlight this fact when the hearing takes place.

 

I will keep you all informed as to the outcome.

[creditcardmug]

Have to agree with everything said by lantana in post 25, however if you are still going to fight it, i don't think you will get anywhere with the agreement which looks good, as steven4064 says it will have to be on the default notice issue and anything else we can come up with

[popeye1]

Are there charges,maybe you go to the hearing and accept a consent order providing all the statements are given and you can knock off the charges,maybe

[citizenB]

trapper, any news ?. When is the hearing?

[trapper]

CitizenB,

 

Neither party attended!

 

I wrote to the court and requested ALL the missing statements in order for me to ascertain whether the claim is true.

 

I also asked the claimant (through the court) to explain why they now seek a CO.

 

The Judge agreed and has now bounced it back to CL.

 

Will keep you all informed in due course.

[citizenB]

Lets hope they have seen the light and the error of their ways:D

[FANTASY CHARGES]

any update ?

[trapper]

The final update is that it has all fizzled out. The Court threw the CO issue back to the claimant, and to date we have not received the missing statement that were requested through the Court.

 

They are still receiving their £1/mth from the DMP.

 

On a separate legal issue, we have just won against NatWest, which is a huge relief......over £10k written off!!