claim form for 9,000 for wifes credit card from 2004 - no NOA? *sorted under a TOmlin Order*

[unclebulgaria67]

Yes link does not work.

 

Ok well if you are sure that the other debts are under control and the creditors will continue with token payments with no affect, then go ahead and make an F&F for this one. I would start off with 15%, but be prepared for this to be declined and for income/expenditure details to be requested. You will have to think what you would want to do then. If you did not provide the details, they could start going down the legal route, so you need to prepare for that. How would them issuing a statutory demand threatening bankruptcy affect your wifes job. Such a move can affect some employment types.

[Nomore Baloney]

I've offered them 25%.

They said they doubt that will be accepted as they usually only accept 80%.

Well thats never going to happen!

 

As I said earlier,

they have issued a moneyclaim and that has been transfererred to my local court.

 

 

I have a week to get in the allocation questionnaire in,

but they still hav'nt responded to my CPR 31.14 request of 3 weeks ago,

 

 

so I'm at a bit of a loss as to what to put on the allocation form.

[unclebulgaria67]

You haven't mentioned the moneyclaim before on this thread.

 

If they don't respond to the CPR letter, I think normally an embarrased defence is offered, as your wife would not have enough information in order to properly defend the claim. If accepted this would normally cause any hearing to be postponed.

[Nomore Baloney]

I'm sorry, I thought i mentioned I had had the court papers in my first post.

 

I have already submitted an embarrassed defence.

 

So do I ignore the allocation questionnaire and write to the court asking for more time as they still have not provided the info I requested under cpr?

[unclebulgaria67]

Yes I think you should do that. Perhaps check with the court staff first as I think that as long as the CPR request information is provided so many days ahead of the hearing, that they can still go ahead. I am sure that I read, that sometimes information is deliberately only sent within a few days of the hearing. I am not familiar with all the CPR rules, so you may be best to ask on the legal forum pages about that or ask the admin team to move this thread.

[caro]

This may help (if the link works).

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?289378-How-Much-Have-You-Had-Accepted-as-a-Full-and-Final-Settlement

[Nomore Baloney]

Just asking again,

 

 

can and do the DCA or court take my income/savings into account

even though the debt is my wifes?

 

 

She doesn't have to disclose my stuff surely?

[unclebulgaria67]

To my knowledge is only anything which is clearly 'joint'.

[Nomore Baloney]

Well, the few bob I have in savings is in a separate account, so is that safe from scrutiny?

 

I've just had contact from the DCA sols who have rejected my offer saying they want an £x which is more than 80%. Cheeky rascals!

 

They have also indicated they will be asking for a charging order on the house,

but I understood they can only do that if the judgement order is not complied with.

 

 

If i request 'easy payment terms', i guess the judge would normally agree to that

- is that correct?

[unclebulgaria67]

Well I guess that if you went to court and did not declare the separate savings account you could be in trouble with the judge if it was found out afterwards. Would that not be in contempt of the court ?

 

Not sure about the charging order only being granted if a CCJ is not complied with. I don't think that is correct. I think the owner of the debt can ask the judge to consider the option that is most likely to enable repayment of the debt. The judge will of course look to agree to an affordable payment plan first, but if the claimant can show that they have tried to agree an affordable payment plan with you, that makes sense in regard to the level of debt and you have failed to assist with this, I can see a charging order being agreed to.

 

BUT I go back to previous advice given, that you need to get proper advice about the overall situation as you don't really want to just get advice here and rely on it. We don't have all the details and are not either legally qualified or qualified to offer debt advice.

[Nomore Baloney]

Well its my savings account in my name. I don't have to disclose my personal stuff to the court surely?

[unclebulgaria67]

The disclosure would be purely related to the person owing the debt.

 

So if the debt is not yours, you would not have to disclose.

 

I was forgetting it was your wifes card and not yours.

[Nomore Baloney]

Phew. Thats a relief!

[BRIGADIER2JCS]

No only the debtors finances can be raised, the judge

may want an I & E if it gets to court, there is no legal

obligation to supply financial data other than if ordered

by the court.

 

No only her financial status is relevant, only a court

can order disclosure, you are not obliged in any

way to give the information to anyone else.

 

As to a norm for an F&F start low to test their

response, it may take time to reach an equitable figure.

[Nomore Baloney]

Well I started low, but there is not a lot of time to go before I need to fill in an AQ for my wife.

 

They haven't complied fully with my CPR31.14 request yet though,

 

just sent some other gubbins through instead. I phone up and ask, but I think they have forgotten..

 

Could be an issue as I go on holiday for 3 weeks on Thusrday so will be out of the country.

 

Will I have to write to the court and tell them when I submit my AQ?

[BRIGADIER2JCS]

There is a section asking if there are dates the defendant

is not available.

[Nomore Baloney]

Ah good. That should help. Still struggling to sort out a defence really, but I could ask the court to delay everything pending the sols complying with my 31.14 request. Or should I ask for it to be struck out?

[BRIGADIER2JCS]

I doubt you would get a strike out a stay would be more likely.

[Ilike banks]

Sorry for being thick, but I imagine a stay is asking for time to present a defence pending my receipt of the information from the solicitors. As I understand it, under the CPR31.14 rule I can only ask for info they mention in the POS, whereas in fact I need them to show they sent a DN (which they have not) as well as some other potentially damaging to their case info. I dont want to be too specific or they might just stumble on to CAG and twig.

 

On the other hand, I need to ask for it in a general rather than specific sort of manner, so by their omission I have a solid advantage in Court. If you get my drift..

[BRIGADIER2JCS]

You can ask for a stay just purely to allow you

more time as you will be away out of the country.

IMHO no more is needed, I am sure someone

else will advise if they see it differently.

[caro]

Contact the solicitors by email and remind them that the CPR request has not been complied with, and ask them to agree to an extension to allow you to submit your defence 14 days after you receive the documents you've asked for in order to be able to respond to the claim. Get it in writing and forward it to the court. If they consent to the extension there's no fee to pay the court.

[Nomore Baloney]

Looking at the AQ I have to complete for my wife, as Brigadier says above,

do I merely send it back to the court with the Q1 under settlement ticked -

eg Yes I wish to try and settle, and

2/. if yes, do I want a one month stay?

 

That would cost nothing as far as I can see and gives me more time to sorts stuff out,

 

given I will be out of the country for 3 weeks in August.

 

It also gives me another line of prevarication towards the end of that when I raise the question of non fulfillment of my cpr request.

[BRIGADIER2JCS]

Yes send it back as you have stated, get

the 1 month stay, tick the mediation box at this time

you will be sent all the info, and you can call HMCSSCMS

and they will explain it all.

Ticking the box does not bind you to mediation.

 

Brig.

[Nomore Baloney]

Ok, thats good news. I'll contact the other side and let them know whats happening. That should remove the need for them to complete the AQ I hope. That should save £225 of costs if that can be done. Is that correct?

[BRIGADIER2JCS]

The AQ must be submitted to allocate the case

to it's track, there is no fee for the AQ.