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


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Edited cos The Lantana got there first:)

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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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.

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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?

Steven

 

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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

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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.

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

Steven

 

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Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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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.

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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!

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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.:)

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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.

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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

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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  • 2 weeks later...

trapper, any news ?. When is the hearing? :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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.

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

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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  • 8 months later...

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!!

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