Jump to content


Lowell/Carter claimform - old Littlewoods cat Debt ..**Settled by Consent Order** missed payments - now AOE -


jboyd83
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1352 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Ok thank you Andy. The monthly instalments I could offer would be minimal...there's only my husband working and we pay full rent and counciltax.. Does it matter if it's a minimal amount?

 

If it goes to trial would the court have to set a reasonable monthly repayment amount for me to pay based on our income and expenditure?

(if Carter won)

 

Sorry for all my questions Andy Im just not quite sure what the best action would be for us...I appreciate your help.

Link to post
Share on other sites

Ok thank you Andy. The monthly instalments I could offer would be minimal...there's only my husband working and we pay full rent and counciltax.. Does it matter if it's a minimal amount?
You should only offer a maintainable and affordable amount...Should he refuse it then he must proceed but if he cant proceed then you would be surprised at what they are willing to accept.

 

If it goes to trial would the court have to set a reasonable monthly repayment amount for me to pay based on our income and expenditure? Not always but you can make application to vary the amount.

(if Carter won)

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Ok thank you Andy, so it sounds like it would likely be a good idea for me to at least request to pay 40-50% of the balance in a realistic monthly payment...I'll have to sit and work out what we can manage....

 

Are there example amounts of what they expect you to pay out on food, school uniform etc utilities?

Link to post
Share on other sites

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

If you email them the element of surprise is lost and you will then get a prepared response......but you do what you feel comfortable with.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Ok....I'll ring today...wish me luck.

..is it likely to be a haggling game where I should offer a little less than I can just about manage first?

 

Or do I just put my offer on the table meaning no room for manoeuvre for myself or them?

 

I can manage about 20 a month if I'm not paying any other creditors..

 

.does that sound like it would be reasonable /acceptable?

Link to post
Share on other sites

What you can reasonably afford should be split amongst all your creditors.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

I really don't know what I'm meant to do now...

I have lots of creditors....but only this one is with court at the moment..... What do I do for the best? Should I get in touch with all of them and offer repayment... I am really confused now.

 

BRIGADIER2JCS said:
What you can reasonably afford should be split amongst all your creditors.

 

Ohhh..I'm a bit muddled now....I thought I was supposed to offer what I can reasonably manage and forget the others for now?..... :-s

Link to post
Share on other sites

Have 3 copies of your I & E to hand one for the judge one for them and a list of your other creditors if it means they all get a couple of quid so be it.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

So do I need to put repayment plans in place with these creditors before I get to court....even though the debts may not be enforceable etc....

Or do I play dead for now until this one goes to court, then mention all my debts?

 

Will they make my husband sell the car?

 

I am starting university in september....will they take all my student loans into account etc?

 

What a bloody mess I'm in.

Link to post
Share on other sites

Whatever happens a judge will not order you to pay more than you can reasonably afford so I would personally leave it to the judge, just make sure you have your I&E and this list of other creditors you a Going To be sorting out.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Ok....I'll ring today...wish me luck...is it likely to be a haggling game where I should offer a little less than I can just about manage first? Or do I just put my offer on the table meaning no room for manoeuvre for myself or them?

I can manage about 20 a month if I'm not paying any other creditors...does that sound like it would be reasonable /acceptable?

 

Just sound them out...they may say on your bike see you in court.....that is the purpose of the quick phone call to establish if its on the table.Once you have an answer then we can see how to proceed.

 

Believe me its really so simple..they are only human and most cases just as nervous as you.

 

Remember manageable affordable...if you feel that they are not interested reiterate that they will get less if they get a judgment.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Hi all.

..just to update.

..I've just come off the phone to Carters and

 

they have agreed 20pmth at a total bal of 4.5k as opposed to the 8k they were claiming.

I'm happy with this and I'm glad it will keep the court claim at bay.

 

I want to say a huge thank you to all of you,

you really have been invaluable to me..

.it's such a great forum and I'm really grateful that you all take time out of your day to help others.

 

I understand that some would have chosen to fight it all the way

but I really cannot do with the chew on..

 

.I'm looking forward to uni in september and want to be able to get through that without any added stress.

 

Thanks me dears...you are all top of the pops!!!!

 

Oops...is it safe for me to set up a DD or is there a more preferable way to pay them?

Link to post
Share on other sites

There you go wasn't that difficult was it...well done:wink:

 

How have you agreed settlement...Tomlin Order or are they just going to discontinue?

 

Standing Order is always the preferred method of payment.

 

Andy

  • Haha 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

They said I have to agree to retract my defence is that the usual process?

 

Ooo I don't know... She didn't seem to know a lot herself... Caught off guard you see Andy haha...!!....she said fill in the form altering the full balance and input the monthly amount, sign and return?

Link to post
Share on other sites

They said I have to agree to retract my defence is that the usual process?

 

 

Mmmm no !

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Ooo I don't know... She didn't seem to know a lot herself... Caught off guard you see Andy haha...!!....she said fill in the form altering the full balance and input the monthly amount, sign and return?

 

 

If you fill in the admittance and offer payment then they will get a CCJ....you either want a Tomlin Order for F&FS or they withdraw or discontinue the claim.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Ooo I don't know... She didn't seem to know a lot herself... Caught off guard you see Andy haha...!!....she said fill in the form altering the full balance and input the monthly amount, sign and return?

Did you get the persons name,? Carters are prone to "forgetting" the content of phone calls.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

If you fill in the admittance and offer payment then they will get a CCJ....you either want a Tomlin Order for F&FS or they withdraw or discontinue the claim.

 

No I didn't get their name as I couldn't quite understand her...but I Havnt withdrawn anything or posted anything yet...so am I still ok yeah?!!!

Link to post
Share on other sites

Yes......It would appear that she is not fully aware of the process involved ...you need something in writing to confirm they will not request judgment.

Thats why I advised a Tomlin Order as this gives you security...not that we dont trust claimants:madgrin:

 

Either way you need written assurance of the F&FS and a discontinuance of their claim.Perhaps ring again later...you may get a more knowledgeable case handler.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Ok..I'll do that as soon as the little fella has a nap...glad I asked the question!!! Cheers you lot! :-)

 

Hiya..

..upon reading what they've sent with a covering letter.

.. I believe that it might be such an order that they've actually asked me to sign.

....it says CONSENT ORDER

 

"it is ordered that all further proceedings in this action be stayed upon the terms set out in the schedule below

save for the purpose of enforcing or carrying into effect the said terms with permission to apply for that purpose.

And it is further ordered that there be no order as to costs.

 

point 1. "the claimant agrees to accept the sum of xxxx in settlement of the total claim payable by monthly instalments

of xxxx providing the first payment reaches.....

 

point 2 says "... the claimant agrees not to enter judgement on the condition that the above arrangement is maintained.

 

Point 3 says "....the claimant is at liberty to enter judgement for the unpaid balance if the defendant defaults in payment arrangements ".

 

They told me to edit the amount and input the monthly payment and sign....is this the same thing?

Link to post
Share on other sites

It is ...pity you didnt mention you had already received a Consent Order:roll:

 

Yes amend the amount ...take a copy sign and return to them.....let us know when the court has sealed the consent and we can alter your thread title to reflect the out come.

 

Well done jboyd83 we got there in the end:lol:

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I didn't realise what it even was Andy...Havnt a clue what all this legal bumf is...that's great so I don't need to ring 0845 numbers or get onto DCAs...we certainly did get there, with help from you lot :-)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...