Bank of Scotland & Blair Oliver & Scott - now SCM Court Claim - help!!

[AndyOrch]

PM me Jillee if you prefer to not to respond

 

 

Regards

 

 

Andy

[jillee55]

No, still waiting for the order to be sealed by the court, keeps being sent back and forth confusion over dates to start payments, and I have written to SCM asking for details (their account number) to make my payments to but they still have not sent them. how am I supposed to pay if I don't know who to pay?

[Guest Angel235]

Why would she pm you? I only asked for updates

[Ganymede]

No, still waiting for the order to be sealed by the court, keeps being sent back and forth confusion over dates to start payments, and I have written to SCM asking for details (their account number) to make my payments to but they still have not sent them. how am I supposed to pay if I don't know who to pay?

 

 

 

Send a cheque...

[Guest Angel235]

Why is there confusion with dates did you not state on the consent order when you wanted to pay?

[mjt2013]

Yes, this all seems a bit odd; just send them a cheque and crack on. If you missed the first payment date under the proposed order SCM might have assumed you didn't intend to go through with it.

[AndyOrch]

Its the claimants responsibility to include a payment mandate as part of any Tomlin Order...not the defendants to quiz how payment should be made.

[mjt2013]

Its the claimants responsibility to include a payment mandate as part of any Tomlin Order...not the defendants to quiz how payment should be made.

 

No it isn't, the order sets out the agreement between the parties. It is then the responsibility of each party to ensure it complies with its obligations. As a counter example it isn't the OPs responsibility to ensure the Claimant has a system in place to record payments received and ensure that judgment isn't entered wrongly.

 

In any event, as Ganymede has said, the OP can pay by cheque so not only is there no obligation on the Claimant to provide a payment mandate it isn't even necessary.

[AndyOrch]

Wrong the schedule sets out the payment amount and dates...payment method is separate and confirmed by the claimants solicitor.

[mjt2013]

Payment method is indeed separate but that wasn't my point. To be clear; it is the responsibility of each party to ensure they comply with their obligations under the order. It may be helpful for payment details to be given but, if they're not, the paying party needs to be proactive.

[Guest Angel235]

I'm pretty sure that if a consent order is agreed then a payment should be made as soon as possible otherwise what's stopping them withdrawing it and going for sj

[jillee55]

Right, stop quibbling,

 

this is what is happening,

 

consent/tomlin order, agreement details a payment of £xxx to be paid 30 days from the date of the order,

then same amount every 30 days thereafter.

 

the 1st order SCM drafted had the wrong claim number,

 

the 2nd amended order drafted was dated and stated 1st payment to be made 30days after the date of the consent order,

 

I sent this back to SCM with the date deleted and confirmation that I will make the first payment 30 days after the order is sealed by the court and signed by SCM,

and requested their account details again so that I can arrange regular payment via Direct Debit.

 

I received an updated consent order with a new date on it,

 

SCM agree to 1st payment 30 days after the order being sealed by the court,

but that is in a letter enclosed but not attached to the consent order,

and still no details of who to make payment to.

 

I would gladly start making payments if I knew who I was supposed to pay.

 

I do not own a cheque book, and have no desire to.

 

so I need account details.

[Guest Angel235]

I'm sure a quick call to them would figure it out??

[jillee55]

Why should I have to call SCM debt collection teams premium rate number when they could so easily answer my letters

[mjt2013]

Why should I have to call SCM debt collection teams premium rate number when they could so easily answer my letters

 

Because you are obliged to comply with your obligations under the terms of the order and make payment. If you don't want to have a cheque book that's your decision but that doesn't mean you can just not make the payment until someone takes care of the mechanics for you.

[jillee55]

mjt2013.

 

I am not obliged to comply to the consent order until both parties have signed and agreed upon the terms and the schedule and it is sealed by the court,

 

that has not happened yet! and

 

yes you are right it is my decision not to have a cheque book

 

I stopped using cheques years ago.

 

who would want to send a cheque every month for years

 

anyway in these days of technology

[mjt2013]

I know it hasn't been sealed yet. I don't think I can add to what I've already said on this point. Hopefully you will sort this out and reach a good conclusion.

[Guest Angel235]

It's true you should start paying straight away how do you know they haven't withdrawn the consent order and entering judgment?

[AndyOrch]

It's true you should start paying straight away how do you know they haven't withdrawn the consent order and entering judgment?

 

 

Because the claim has not been allocated yet...they cant.

[Guest Angel235]

How do you know that?

[AndyOrch]

How do you know that?

 

 

Post #185...I thought you was following the thread intensely Angel?

 

 

Regards

 

 

Andy

[Guest Angel235]

How do you know if they have sent an app to lift the stay

[Ganymede]

How do you know if they have sent an app to lift the stay

 

 

 

The Court will serve you with a copy of any application made.