Are these CCA's enforceable

[AndyOrch]

So quick, obviously your WS as touched a nerve, well in that case as I posted above.Let them negotiate and wait to see what they consider acceptable

before you make a commitment.He who blinks first syndrome Shirei !!!!

[shirei12]

I have not supplied WS to them yet,I am waiting for theirs first I have sent courts copy by SD yesterday. They are due today. I dont know if they have submitted theirs but I doubt it.

[AndyOrch]

Well see what they have to say Shirei when they call you.let them do the talking

if its acceptable request it in writing.

[shirei12]

If I find it acceptable and ask for it in writing,can I still request they send WS and Disclosure docs?

[AndyOrch]

Well yes but are you accepting or proceeding? Up to today they are in breach of a court order for not complying (as are you slightly for not exchanging)

Have you checked with the Court to see if they have complied with them?

Email or request from the Claimants sols you are ready to exchange when they are.

Settlement can still proceed up to any trial date but if they fail to comply in the meantime then you should use the

powers to force them or even get the matter struck out, then there would be no need for settlement.

 

Andy

[shirei12]

I have been trying for the last hour to get through to the courts but its constantly engaged,think someone has taken the phone off the hook.

I need to phone sols today with my decision. 50% on TO.

Edited March 9, 2011 by shirei12

[shirei12]

Sorted

[AndyOrch]

Happy with the conclusion ? Do you want me to check the TO (if any)

 

Regards

 

Andy

[shirei12]

TO arrived today that was quick!! "Do you want me to check the TO", yes please if you dont mind Andy.

I would have loved to have seen their WS and Disclosure list though. They were pretty quick off the mark, but yes happy with the conclusion at least we have got rid of that 25% interest. Now waiting for the outcome of the PPI claim against them spoke to FOS yesterday for update and they said it will go to adjudicator (spelling ?) in the next couple of weeks.

 

Shirei

Edited March 10, 2011 by shirei12
typo

[AndyOrch]

IN THE XXXXXXXXXXXXX county court CLAIM NO: XXXXXXXX

 

Between Claimant

 

 

Claimant

 

and

 

 

Shirei Defendant

 

 

 

 

Tomlin Order

 

 

Upon the parties having agreed terms of settlement

 

 

BY CONSENT IT IS ORDERED THAT:

 

 

1. All further proceedings in this action shall be stayed upon the terms set out in the

the attached schedule,except for the purpose of carrying such terms into effect.

 

2. Each party shall have liberty to apply to the court if the other party does not give

effect to the terms set out in the schedule.

 

3.No order for costs.

 

 

Dated ......................... .......

 

We consent to the making of an order in the above terms

 

 

......................... .................

Sols for the Claimant

 

 

 

......................... .................

 

Shirei ,Defendant

 

 

 

 

 

 

 

 

 

 

SCHEDULE

 

 

1. The Defendant shall pay to the Claimant the sum of £XX000 in Full and final

settlement of this claim

 

2. No charges will accrue on the settlement sum

 

3. The Defendant will pay to the Claimant on or before xx xxxxx 2010 the sum of

£XX.00 followed by payments of £XX.00 on or before the xxth of each month and every

month thereafter until the balance has been paid in full.

 

4. If payment is not made on the due date the Claimant shall give notice in writing of such a

default to the Defendant and if payment is not made within 14 days from the date of such

notice the Claimant shall be at liberty to apply to lift the stay and proceed with the claim.

5.The amount of the monthly instalment payment shall be reviewed at 12 monthly intervals.The defendant shall co-operate

with the Claimant on such review by providing the Claimant with such information about her assets income and expenditure,

as the Claimant shall reasonably request.

 

6.if following any review the Claimant and Defendant agree a new monthly instalment amount, the new monthly instalment shall become payable under

paragraph 3,with effect from the next instalment date.

 

7.If following any review, either the Claimant or the Defendant considers a new monthly instalment amount should be payable but cannot agree this with

the other party, either party shall be at liberty to apply to the Court for the Court to determine the monthly instalment payable and thereafter the stay

and settlement contained in this schedule do continue.

 

 

Thats how you want the TO laid out and content Shirei if you come to an agreement (12mth month review if possible)

 

Regards

 

Andy

[dave_herts]

Hoping someone can recommend a No Win No Fee company that can look at a Credit Agreement and if necessary deal with the creditor. I know I could do it, but I really get confused with prescribed terms etc, and i know the creditor will use all sorts of underhand tricks to trip me up.I would therefore rather someone else looked into it for me, even if there is a fee payable after getting the loan wiped out. Any suggestions would be gratefully recieved.

[DonkeyB]

Do you have a dispute with the creditor or are you simply looking for a loophole?

[dave_herts]

I have a long running dispute with the creditor, which is another reason i feel i need someone to advise me whether i have a case and if its worth pursuing.

[sevenhorsestakes]

I just came to this and have been going through a similar situation with a DCA Cabot and the T&C for a monument agreement.

 

There is on called credit card audit co uk and wondered if anyone know about that. It seems to be a self help for 25 quid...hmm.

 

I have looked around for a straight auditor or solicitor - but that also seem difficult to find - so know where you are at.

 

I have a copy of the agreement and was with one of these companies - Kerobo who claim they have identified breaches. Whatever you do don't part with cash up front.