Shanusascarabus V Yorkshirebank

[koberoy]

Hi all ! i`m at pretty much the same stage with a court date set for 22nd Feb. I received a second offer last week which was still missing the interest i`m intent on claiming. Rejection letter was posted today. The clocks ticking so time is running out YB.

[JulesTools]

Hi

 

Send the letter from the templates

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

Its tried and tested and no fuss.

 

Jules

[shanusascarabus]

The template is fine but it misses any mention of Interest out, what would you alter to mention this, I was also thinking of putting something out that basically says that their figure is 200 short of mine but if they can explain how they got to their figure and its correct ill gladly re adjust my figures

[shanusascarabus]

Ok, Template modified and printed, Goes in the post first thing tomorrow...... Come on Yorkshire Bank, its round 2

[shanusascarabus]

Hey guys... while all this offer stuff has been going on with the bank I forgot one important thing.... I aint heard anything from Leeds County Court since the claim was moved there from MCOL, should I have heard from them by now or should I contact them

[JulesTools]

Hiya,

They should contact you , but it won`t harm to ring them just to set your own mind at ease.

 

Jules

[caro]

Is your case one of those going to the Mercantile Directions Hearing?

[sausagelegs]

Im Sorry, I Dont Want To Hijack Your Thread, But Want To Start A New One For Me. I'm Sick Of The B**kets...

How Do I Do That Please?:-|

[zebbydog]

Im Sorry, I Dont Want To Hijack Your Thread, But Want To Start A New One For Me. I'm Sick Of The B**kets...

How Do I Do That Please?:-|

 

When you log on to the yorks bank forum,just click on the new thread button.Give it a title and away you go:rolleyes:

[shanusascarabus]

Hi caro, not that I know of, The last time I contacted MCOL they informed me that my case had been transfered to Leeds County Court...thats the last I heard

[shanusascarabus]

Er.... how do I say this....... I WON ha ha ha, sent me another offer through post and its my total amount + Interest + court costs Blah blah.... yippeeeeee, Iv just gotta send this tomlin order back off n stuff, do I need to do anything else as we all know how sly this bank is:cool:

[ladykenco]

WOOHOOOO CONGRATS, have you got the cheque in your hand? If not I would send a letter to accept the offer and to tell them you will send off all the documants once its all cleared in your account

[caro]

A Tomlin Order is not the usual procedure. I believe that means payment will have to go via the court. Dan-rides-bikes thread in the successes forum has something about this. Check it out, and I'll see if I can get you some advice on this. Hold fire and don't send it for now.

[shanusascarabus]

Ok then, ill keep hold of the tomlin order for now.... i thought of just sending the acceptance letter back without the order stating nothings getting sent till money is in my hand... ill read a few more threads and type the order out

[shanusascarabus]

the tomlin order...............

 

 

Upon the parties having agreed terms of settlement set forth in the schedule attached here to

 

By Consent

 

It is ordered that:

 

1 The judgment dated 15th December 2006 in the sum of £+++ against defendant is set aside

 

2 The defendants application dated 4th January 2007 to set aside the judgement is withdrawn

 

3 All further proceedings in this action to be stayed exept for the purpose of carrying such terms into effect

 

4 Permission to apply to carry such terms into effect

 

5 There be no order as to costs of this application or in the case, and neither party shall enforce against the other any outstanding orders made in this case

 

then just the usual signatures blah blah blah,

 

All a bit too technical for my liking so.................. whats going on???

[caro]

Sounds like you already have judgment by default and they want it set aside, but are now ready to cough up. I didn't realise you already had judgment.

[sausagelegs]

congratulations and well done!!

[shanusascarabus]

Yeah I had judgement by default, although they claimed that they never got anything from court, they still managed to get judgement set aside.... you all got me worried now.... should I send the forms off then or not???

[shanusascarabus]

sO DO WE ALL THINK i SHOULD POST IT BACK THEN??

[caro]

I'm trying to get a legal opinion for you.

[Guest Zooman]

Give them a call, and say your are unwilling to sign it as it makes no mention of settlement, and if they do not wish to settle and what to defend the claim you have a series of conditions to your consent and if they are unwilling to agree to your conditions the matter will have to go to a set aside hearing and you will be looking to recover your costs:

 

My own terms would be as follows:

 

1.The defendant has 14 days to file a defence.

2.The defendant to detail the cost of the charges to its self and give supporting evidence to such in it defence.

3.The defendant to pay into court the sum of claim as a bond

 

And if they are unwilling to consent to the above at the set aside hearing that will be needed.

 

4.Costs to the claimant.

 

And if they are willing to settle that the following be added to their consent order:

 

·Within 7 days of the claimant signing the consent order the defendant pay the claimant the sum of £(your claim).

[caro]

Thanks Zooman.

[shanusascarabus]

Well how about if i send their letter back to them signed but without the tomlin order, stating that either I'd like another tomlin order stating their offer on it or that ill sign this tomlin order once I have the funds ( Cleared Cheque )

[micky31]

Hiya, have been looking at your thread, have you got anything back yet? I have received a cheque twice for about 1/3 of the amount and need to now sort out a court date, have you reached that stage yet and how easy is it to do?

Fiona

[shanusascarabus]

Hello Barbera

 

Thank you for your offer of £xxx, I am sorry to inform you that I will not be accepting this offer as the actual Tomlin order makes no mention of the settlement exept for reference to the " attatched schedule ".

I would be willing to accept your offer if you insert onto the order the following :-

 

1 Within 7 Days of the claimant signing the consent order the defendant pay the claimant the sum of £xxx.

 

If you do not wish to settle, and wish to defend I have a list of conditions to your consent, these are

 

1 The defendant has 14 days to file a defence

 

2 The defendant to detail the cost of the charges to itself and give supporting evidence to such in its defence

 

3 The defendant to pay into court the sum claimed as bond

 

If you are unwilling to agree to my conditions the matter will have to go to a set aside hearing and I will be looking to recover my costs.

 

 

 

Does this make any sense to you guys....I must admit it dont to me ha ha ha..... Please feel free to let me know if I need to adjust anything....asap please cos the bank stated that they wanted me to sign and send back by the 5th Feb... thats today.

 

Cheers all