hushpuppy - ** SATISFACTORY CONCLUSION**

[hushpuppy]

Thanks gh, will forward it to you now.

[hushpuppy]

O.k. have sent it, hope it gets there as sent it to O/H to see if could print from his but hasn't arrived yet. don't know how they expected me to sign it if I can't print it, the only one I can see there is a problem with is the gagging order, but it is only on O/D isn't it, so can still go ahead with data protection issues on loan.

[gh2008]

Ok, I would be happy with that - I am not going to post it as it stands as there is a gagging order.

 

I would be happy with the gagging order as any followers of this thread will know the outcome anyway.

 

You could ask them to remove the gag as the case has already been discussed on an open forum.

 

It is more of a Consent Order than a standard Tomlin, as you are agreeing to their case being dismissed in its entirety, whereas a Tomlin normally has a indefinite stay together with a set of terms to maintain that stay.

 

Anyway, you have their claim dismissed together with your costs with a date for payment of your costs and the only thing you agree to is to not pursue for further costs.

 

There is nothing stopping you sorting out the reporting once this is settled.

[gh2008]

re. CRA reporting - this is for future info( i.e. at least 14 days after consent and time enough for the cheque to clear ) - don't confuse the current issue with these

 

The OD issue is a full & final settlement i.e. it is cleared and therefore they MUST show the account as fully settled - due to the issues on teh account and the repayment issues I would also demand any adverse records with th eOD were also removed

 

With the loan - the debt technically may still exist BUT they have taken action to enforce and failed and therefore they should remove all info as they can so no agreement to process and also no agreement to repay and therefore there cannot be any default. Technically they loaned the money without any agreement to repay. The debt exists but is never due for repayment

[hushpuppy]

Thanks gh,

just got to find a way to sign it now, but I'll give that problem to them, they could have done this weeks ago. Dare I start to think that it is over, won't fully celebrate just yet until I ring the court and know that they have stood down, cannot believe this is finally going to be settled after all our hard work, so many thanks to you and the other caggers that helped, need someone to pinch me.

[citizenB]

How very strange that you are unable to print it. The only thing I can suggest you do is to attach to your email confirmation a covering note that will advise that it has been impossible to print it off for signing and would they accept your signature attached to your covering note as acceptance for the order.

[gh2008]

yes, it is over - Cobbetts are not a Bryan Carter they are a proper Law Firm they will try their hardest for their client, obviously, but when the game is up they have, quite honestly imho, given you a pretty good deal. It is, of course, a good deal for their client as well to get out before the roof caves in so to speak.

 

As I said, the only sticking point is the gag - the terms have not been made public so I don't think there is a problem, but in your acceptance email it's probably better to either ask for its removal or to at least make them aware

Edited January 1, 2011 by citizenB
Title amended to reflect success :)

[hushpuppy]

Had to let you know finally got it printed, it printed out in PDF where it wouldn't before, switched everything off then on and tried again, been here hours with it.

Emailed to Cobbetts to say about the gag, so just got to wait for a reply before signing. now for a glass of wine (or two)

 

HAPPY NEW YEAR TO EVERYONE.

Edited January 1, 2011 by citizenB

[hushpuppy]

Just updating, have had reply concerning gag, have now sent off signed order, just need to confirm with court next week that case has been dropped.

Edited January 1, 2011 by citizenB

[citizenB]

Excellent.. I will amend your title to reflect the situation

[hushpuppy]

Just an update, havn't heard or received cheque yet, but they do have another 7 days.

 

Ironic though, received a statement today for balance owed on the 'discontinued' loan, which they added £193.45 solicitors fees, this was from RBS, hmmm.

[gh2008]

give them their 7 days and then chase them hard and cc the Court

 

They will add all sorts to the account before writing it off (tax errrr tax efficiencies I think it's called)

when we do it it's called tax evasion though!!

[hushpuppy]

Well just three days to go, be surprised if they do send it. Wednesday will be 14 days from the court date, today is 14 days from the date I siigned it.

[gh2008]

Give them a ring - you are quite within your rights to restart the Court proceedings if they fail to comply with the agreement.

It should be 14 days from signature.

 

Ring and then follow up with a letter confirming the outcome of the call and cc the Court Manager.

[hushpuppy]

Rang them up, it seems they sent the cheque about 10 days ago should have got it the next day, she checked with the mail as it was recorded delivery, they said they tried to deliver it twice but no-one in (always someone in) no card was left, She said it wasn't coming up on the tracker, which was strange, she said they said they would contact her by Fri after enquiries were made, but she said if there no results by Fri then she will cancel the cheque and re-issue another one. In all fairness she did get back to me quickly,

Well thats the story so far, think the gremlins follow me.

[foolishgirl]

Sounds like Royal Mail are at it again hushpuppy.

 

I have had 3 pieces of personal mail 'lost' in the last few weeks, not to mention the seriously delayed - like 5 weeks to get to destination!! This was either well before or after the snow so what excuse can they have???

 

I am so pd off with them, I am keeping all my receipts for ANYTHING I send by post, getting POP & then claiming. Even if it's just a letter, you can claim the postage. If all mail users do it regularly, maybe it will eventually have the desired effect.

[hushpuppy]

At least its not just me then having problems FG, but its getting really annoying.

 

Had a call from Sol today, they told her they had tried to deliver it at 10.19 this morning, there was no one in so they put a card in the door, what a load of bull, was definately in and there was no card. Arranged for them to deliver it for 10 on Monday, she said if they don't deliver it then, going to cancel it and re-issue.

 

Why don't they just say they have lost it, I work from home so there is no chance I have missed tthem, especially not this often. Jusst love to know what is going on.