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hobba

HP : Fortis Lease uk Can I request for their claim to be struck out as abuse of Court Process?

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Dont....... ring them up...see what reaction you get and then confirm in detail by email.Phoning may seem daunting but I will tell you why I advocate it...you catch them unaware and unprepared and usually quite open and amicable to your suggestions.

 

Suggest in the interest of further costs that you are prepared to settle on the claim by way of a Tomlin Order and what figure would they be prepared to accept to avoid further litigation.Once you have an idea of what they require and subject to whether it is acceptable and you can afford it

either by direct payment or monthly payment plan.Once a figure is agreed then you simply expand on the costs so far whether both of you will stand costs or you will pay theirs so far and then finally that the agreement would be also be subject to them not requesting judgment unless you was to default on any agreement within the Tomlin Order/Consent Order.

 

Test the water see what response you get...if they are not having any of it then you make that known within your defence..you have tried and they rejected...it will impact on their costs should they proceed and attain judgment.

 

Time is of the essence though hobba so get ringing now and let me know their response.

 

Regards

 

Andy


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I tried to call .. The solicitor was in a meeting ..so I did not give reason for my call but left my details and confirmed that I will be calling him in the afternoon round 2 pm.

 

I would just test the water .. I am not having hope on this as they failed to negotiate after set aside but will give it a go .

 

Also the shortfall should be £5029 and they previously agreed to refund 50 pounds for charges and hence FOS

Not upholding the complaint .

 

Would it be reasonable to fax to Court and them

My defence tommorow to allow for this attempt?

 

I will keep you informed.

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I tried to call .. The solicitor was in a meeting ..so I did not give reason for my call but left my details and confirmed that I will be calling him in the afternoon round 2 pm. :thumb:

 

I would just test the water .. I am not having hope on this as they failed to negotiate after set aside but will give it a go . Hence my suggested approach

 

Also the shortfall should be £5029 and they previously agreed to refund 50 pounds for charges and hence FOS Refer that in your negotiations

Not upholding the complaint .

 

Would it be reasonable to fax to Court and them

My defence tommorow to allow for this attempt? Yes I shouldn't see a day late would make much difference but keep ringing until you get the Sol

 

I will keep you informed.

 

Andy


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While attempting the negotiation as you suggested could you please direct me to

 

1. sample defense template

 

2. to agree to write a debt off in a statement and sent to me and also mark agreement settled in credit reference agency back on 28 Nov 2009 while complaints ongoing and agreement written off .... How can they just say these were errors? Surely these should stand as facts in law...please let me know how can these be worded in a defense if needed...

 

3. how to request for agreement to be declared void and unfair?

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There are no defence templates a defence is as unique as your DNA.

 

The reference " written off " is purely a phrase used when the account is defaulted and transferred to collections...simply wrote off from the live accounts...not the debt to you.

 

Not seen the agreement hobba please clarify why you think its void and unfair.

 

Andy


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There are no defence templates a defence is as unique as your DNA.

 

The reference " written off " is purely a phrase used when the account is defaulted and transferred to collections...simply wrote off from the live accounts...not the debt to you.

 

 

Not seen the agreement hobba please clarify why you think its void and unfair.

 

Andy

 

In the credit file it is marked as settled and not defaulted on 28 November 2009 ... In addition I do not have or seen a letter if assignment to a debt collection agency at any point .

 

Agreement say amount of credit is 19113 and cash price is 21113 as I paid deposit . It shows amount of credit 3227.80. It does not show how much in total is finance.

Repayment is shown as 373.18 for 60 month which would make me pay 24390 in repayment and not 22390!

 

It has attached T and C which have unfair t and c

Such as the ones quoted in their WS as it give them power over me and not fair or just

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You cease to carry a business or you die

You enter IVA

 

Also it talks about CCA and there is no rebate offered so far!

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" In addition I do not have or seen a letter if assignment to a debt collection agency at any point ."

 

That's because its not been assigned.


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Ok .. Please advise to all points above..and unfair declaration in the mean time

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Ok .. Please advise to all points above..and unfair declaration in the mean time

 

I spoke to the solicitor and he will seek instruction and get back to me . Roughly said offer should not be higher than 5000 pounds and by monthly payment as I am on financial difficulties as they know.

Please advise with regard to above..

 

I will probably get CAB to do more negotiations if this is taken forward .

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You must get the negotiations in place and agreed without delay...dont forget they could still apply for judgment in the absence of a defence.You don't need the CAB I have advised what route to take and there is nothing further they could add without adding delay.

 

Andy


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Ok ..I am awaiting the sol to comeback to me as

a matter if urgency ..if I do not hear back from him by

close of play today I will draft my defence 2morrow as discussed ..

 

I will let you know . Please what is the points ref agreement .

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Do I have to follow up with an email by end of today ?

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Also is it possible to try to negotiate rebate on the basis of 50 percent rule and CCA and how ?

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Still have not heard from sol ..I will chase him at 5 pm and then come back to you for next steps . What do you suggest ?

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Andy ... Please advise on last posts

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No, chase now in case the Sol has gone home at 5!

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Andy

 

I called again to chase up and he finishes by 5.30

Not available to speak !

 

What is next

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Andy

 

Just heard back ..he is still awaiting instructions from his client and he thinks he may come back to me by Wednesday!

 

Clearly defence should be filed by tomorrow which is 7 days ..

 

What do you suggest then .. Put defence and write what happened as to my suggestion ..

 

Please advise

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Just submit your existing defence.... amend it to include attempts to settle ongoing..... that will stop judgment by default and allow time to resume mediation.

 

Get back on the phone again in the morning.

 

Regards

 

Andy


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Andy

 

You mean the defence I submitted before ?

 

Do I do not say that I accept a shortfall or claim as it is!

 

Could you just help me with wordings as. I do not want to be seen contradictory in Court.

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Andy

 

What would I be asking the Court to do .. Dismiss their application as it is pointless and allow time for mediation ?

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Yes your existing defence ...just as a safeguard to stop Default Judgment and meet the date.You can add or change anything you think relevant.

 

You are not asking the court to do anything ...just submitting your defence as directed.There are no applications they were made after the set a side........void ...pointless......waste of application fee.


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Ok ..guess will out in the conclusion for the Court to dismiss SJ application as it is pointless and void. It has been made after set aside order and to allow for the ongoing mediation without incurring further charges .

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Andy .. I have prepared a defence which I would file and and serve as a safeguarding measure.

 

The Claimant solicitor came back to me and his instructions is not to accept my offer of £5000 but they are willing to accept 8000 as a settlement by consent order.

 

I have not agreed as yet and would be grateful for advise in further negotiation .. He is saying monthly payment would be fine and the claim will then be stayed and not withdrawn .

 

Can you advise please

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