HBOS [Nelson Guest Solicitors] received claim forms

[AndyOrch]

N24

 

Claim stayed for one month

 

 

And gives me one week for the following steps to be taken

 

Either

 

The claimant must notify if the case has been settled Why one week where does it state a week ? the claim is stayed for 28 days and will probably take that time to reach an agreement

 

Or

 

The claimant/ defendant must write to the court requesting an extension of the stay period explaining steps taken towards settlement and identifying any mediator expert or other person helping with the case .thevletter should confirm agreement with all parties

Should you fail to reach agreement in 28 days

 

Or

 

All the parties must file an allocation questionnaire at the court. If mediation fails and no extension applied for Where a settlement of some of the issues have been reached a list should be attached to the completed questionnaire the list must be agrees by with other parties .

[jitteryjayne]

hi just a quick update on the situation, I agreed to a consent order with wescot who were acting for hbos which was agreed by the court and have made payments to them so thought this was all settled , however now received letters stating wescot are not dealing with this any longer and received letter from Halifax stating they have now sold it to another dca , what happens to the consent order I agreed with wescot/Halifax if they have now sold it on?? do I stop paying as they don't own it any longer, or do I offer same amount to new dca ? feel completely lost, been looking on forum to see if this happened to anyone else but cant find any solutions, any help would be greatly appreciated , jj

[citizenB]

Ok, so there is a Consent order in place and you are maintaining the payments at present to whom, Wescot or Halifax ?

 

You should be advised at the earliest possible time where you need to send your payments, I would have thought that Halifax would have told you this when they wrote to you.. I will try and find some one who might know more.

[jitteryjayne]

hi payments were made to wescot, sorry I have just checked letter and Halifax state to pay new dca as they are now legal owners of the debt and not to any previously appointed agents. Are consent orders transferable as it was signed by wescot on behalf of hbos, yet the letter from Halifax just states they don't know why the debt has not been paid and no mention of the consent order in place or payments made since it was signed .

thanks for your quick reply , jj

[AndyOrch]

The CCJ can be legally assigned....the court should be advised and you should request conformation in writing from the new owner...you should also point out that a consent order is in place.

 

Regards

 

Andy

[DonkeyB]

Oh dear. This could get complicated. The consent order is based on and directly linked to a stayed claim. I’m wondering if the new owner should be seeking to replace themselves as the claimant? It’s clear they do not know there is an agreement in place, which is their problem, and may be giving rise to an unfair relationship.

 

What were the exact terms of the consent order? I’m also wondering if Halifax have broken the terms of the order themselves by selling the debt.

 

This is one for Andyorch...

[DonkeyB]

Morning Andy, beat me to it...

[citizenB]

I wonder if you need to send a letter to Halifax Head office, copy it to Wescott and to the new owner.

 

Your letter should be headed .. FORMAL COMPLAINT ..

 

and should perhaps go along the following ..

 

 

Dear Sir or Madam,

 

Account references.

Court references.

 

I am in receipt of your letter dated XYZ.

 

In it you advise the following :

 

1: You do not know why payments have not been made

2: That Wescott are no longer acting as your agents

3: That XYZ are now your new representative.

 

I would point out that on DATE a Consent order was signed by me in respect of the above court claim reference and payments have subsequently been made in accordance with that order, to Wescott.

 

Have you made your new agent aware there is such an order in place and if you are querying why payments have not been made - could you please explain where the payments made to Wescott, since DATE , have been going?

 

Please be good enough to provide a fully documented statement to date, to include the payments that I have been making to Wescott.

 

I look forward to your response within 14 days of the date of this letter, failing which I will ask the Financial Ombudsman to take up my complaint.

 

Yours etc, etc.

 

 

Copies to : Wescott

New agency.

 

 

 

 

You would then enclose a covering note with each of the letters to Wescott and the new agency..

 

Dear Sir or Madam

 

Account references

Court references

 

 

Please find enclosed a copy of a formal complaint I have just made to Halifax.

 

On Date, I signed a Consent order to make payments of £ XX.00 which I have maintained. Halifax appear not to be aware of this order or that payments have been made. As you will see from the enclosed copy letter, I have asked them for an explanation.

 

Yours, etc.

 

Enclosed : Copy of Formal complaint to Halifax

 

 

 

Send the formal complaint by either Recorded or Special delivery mail and the other two with a free proof of posting - obtained from the Post office.

 

Send all letters to Head / Registered office addresses.

[citizenB]

Ah, I see andyorch and donkeyB have advised as well. Wait and see if they think those letters should be sent, because it looks as though there could be some complications arising out of this.

[AndyOrch]

The Terms of the Consent Order can not be altered or superseded...only by way of recourse from the Court...which would involve either party making application.

 

makes no odds who now owns it.

 

 

Morning DB:wink:

[DonkeyB]

Indeed, Andy. Consent orders are notoriously difficult – almost impossible – to overturn. So does this not mean that only the parties mentioned in the TO can receive payment? Does this mean that Halifax have reneged on the agreement?

[jitteryjayne]

hi thanks for your replies,

have I got this right, I just make the payment I agreed on the consent order to the new dca and explain i have a consent order in place? and do i have to inform the court of the new owner. your help is much appreciated , jj

[AndyOrch]

Indeed, Andy. Consent orders are notoriously difficult – almost impossible – to overturn. So does this not mean that only the parties mentioned in the TO can receive payment? Does this mean that Halifax have reneged on the agreement?

 

 

No and no DB ...the Consent is attached to the debt...so it works like a normal assignment..its rights and duties are transferred to the new owner.

 

JJ..... continue to make payment as per your Consent...its in the interests of the new owner to inform the Court...however as previously advised they cannot change the schedule or arrangements of said Consent without firstly informing the court of a change of parties to the consent then making application to review the schedule with your agreement.

 

Regards

 

Andy