Halifax loan Blair's-Moorcrap-Wetcloths-Iqor. - now HL claimform

[AndyOrch]

I'm sure that an offer of that region would be considered...perhaps a little higher if you wish to negotiate terms of payment...I would also discuss costs within a Tomlin/Consent Order

[twoman]

Hi Andy,

Costs? could you please explain.

[AndyOrch]

A good consent/tomlin order is a figure that you are happy to pay...over a period to suit you....and each others costs are not included.

[twoman]

ok thanks for the info.

Is there a template/specific wording on here for such an offer as i am crap with words or should i just make an offer.

[twoman]

would this debt be registered on my cra if i start paying etc.

[twoman]

Hi Andy,

Any idea why they took so long to respond to my defence that you helped me with back in August.

[AndyOrch]

Its already on I would imagine...the CCJ wont as no judgment is involved...a Consent stays the claim subject to the terms of the consent.

 

There are no templates and I dont normally advocate using a written approach ...ring the person who drafted the offer and start negotiating by phone...they are unprepared and have no script.

Once informally agreed ask them to confirm it writing.

[AndyOrch]

Hi Andy,

Any idea why they took so long to respond to my defence that you helped me with back in August.

 

Probably only now been able to retrieve the paperework

[twoman]

Andy,

This debt is not on my credit file.

[AndyOrch]

So neither will the CCJ:madgrin:

[twoman]

Never had a court date either,so would i be right in assuming it was stayed.

[AndyOrch]

Yes it is stayed now...normal protocol is once they find the paperwork they proceed...so to ignore their offer will probably be followed with a notice of allocation.

You can take the risk and offer nothing and they may not proceed...that's the catch 22

[twoman]

Andy,

One final question do you think the agreement is enforceable

[AndyOrch]

It looks like its deficient of the prescribed terms...but considering the amount in question and the accompanying paperwork...some courts would let it ride under the balance of probabilities and overriding objectives.

 

Again another catch 22

[twoman]

Andy,

I thought that and could i mention that the agreement is missing certain criteria like terms,right to cancel etc, and strengthen my case for a settlement.

[AndyOrch]

Andy,

I thought that and could i mention that the agreement is missing certain criteria like terms,right to cancel etc, and strengthen my case for a settlement.

 

Prescribed terms...and yes use it in your negotiations...you state that it is deficient and unenforceable (in your opinion) pursuant to CCA1974 sec61 (1) b....but you are prepared to negotiate a settlement subject to the following........

 

 

Bla bla bla and state your desired terms.

[twoman]

Thanks Andy

[dx100uk]

I notice the bit about I might consider raising the court action...urm.....

 

 

dx

[twoman]

Hi Andy,

Been thinking about my response to the latest letter.

Whilst i would like to come to an arrangement to get rid of this once and for all, i am reluctant to phone them as you have to confirm address details etc and all the usual security questions.

Bearing in mind they probably paid about £300 for this debt is it worth offering in writing £2000 as full and final and remind them that the agreement is deliquant of terms etc.

[twoman]

Hi Andy,

I am considering sending the following letter,what do you think.

[AndyOrch]

Hi Twoman

 

I personally would lose the " For the avoidance of doubt the legislation states quiet clearly the following:- " and pursuant legislation...forewarned is forearmed...to state that you consider the agreement is unenforceable is enough....their eyes will be on the possibility of a F&FS !!!!!

 

Regards

 

Andy

[twoman]

Hi All,

Ok had a letter today from Crapquest offering me a settlement figure of £5,500 on a debt of £7,000.

My guess is they probably paid about £300 for this but they don't have,i think,a properly executed,enforceable agreement due to missing prescribed terms and other missing t&c.

Would appreciate the thoughts of others.

[Bazooka Boo]

Then if they're offering a discount, something needs further investigation, and as it has been passed from pillar to post,

it is clear there is something amiss...?

[dx100uk]

only if they totally remove all trace of a debt ever existing would I ever consider an F&F

on an un-en debt

 

 

dx

[twoman]

Hi All,

Thanks for the replies.

I have informened them that the agreement is delinquent of prescribed terms in all four corners, no cancellation box etc.

The t&c on the agreement states 2004 but they refer to a 2005 microfish booklet which you can not read..

 

I was thinking of offering them £1,500 to settle f&f.

 

What do you think?