Restons/Arrow Global claimform- old halifaxcard 'debt'***Claim Discontinued***

[blacksofa]

"Tentative celebrations! in the blacksofa household this evening!

 

Restons continued to send a letter each month chasing for an agreed settlement.

 

 

I finally got fed up with them,

 

 

on Monday I sent Andy's letter above (post #90).

 

 

I left out the red part - saving it for future use if necessary.

 

 

Today we received a reply stating they "were not aware of the correspondence sent to us by Arrow"

and as our

"original offer of £XXX was made before November 2014"

that

"it was because of that offer they were trying to negotiate" Yeah, right.

 

Last two paragraphs of their letter are as follows:

 

In any event, our client is willing to agree, by way of consent, that proceedings be discontinued.

Enclosed is a draft consent order for your perusal. If you are happy please sign and return to our office by .....

 

Upon receipt, we will file a countersigned copy with the Court.

The attached consent order (sorry, no scanner, so I have typed it out, with all personal details removed) is:

IN THE COUNTY COURT AT NORTHAMPTON Claim No. XXXXXXX

(CCBC)

BETWEEN:

ARROW GLOBAL LIMITED Claimant

and

MR BLACKSOFA Defendant

CONSENT ORDER (this is in a "box")

UPON the Claimant and the Defendant in person having agreed.

IT IS ORDERED BY CONSENT THAT:-

1. Proceedings issued on Date Month 2014 under claim number XXXXXXXXX be discontinued.

2. There be no order as to costs.

Dated this day of February 2015

Signed .......... Signed ...........

Their name and address Mr Blacksofa's name and address

Solicitors for the Claimant

Ref: XXXXXXX

The second page repeats the same information down to "CONSENT ORDER",

and then has their name and address and "Solicitors for the Claimant" at the bottom.

It looks good to me.

Does it appear legitimate?

Is there anything else I need to do, or ask for, before sending it back?

Do I contact the Court as well, or simply get Mr B to sign it and return it to Restons ASAP.

 

Should I open another bottle?

 

Thanks.

[dx100uk]

they have no enforceable agreement

a 'consent order' is tying you down to paying the debt

and admitting it

 

 

and

I don't think there is anything that guarantees no more letters and stress

they can keep asking you to up payments?

 

 

you'll have to ask andy again sorry

 

 

pers I'd not be paying them a bean.

 

 

you start paying them you reset the SB date too.

 

 

dx

[blacksofa]

Hi Dx,

I'm a bit confused. I thought this was to discontinue the court claim, nothing to do with payment.

[dx100uk]

so was I I think.

 

 

if you are not consenting to paying anything

 

 

then I think it is a win.

 

 

sorry for that wires crossed reading you previous offer of payment letter.

 

 

dx

[blacksofa]

No problem dx. I'm grateful for any input. My OH is very optimistic - I have become a bit more cynical about any of their offers!

[AndyOrch]

Excellent....sign and return it Blacksofa...retain a copy safe.You will receive conformation from the court that the Order has been sealed and filed with them.

 

Well done...thread title amended to reflect the outcome.

 

Regards

 

Andy

[blacksofa]

Thanks Andy, sorry for delay in replying - have had a few days away from computer.

 

 

Am just about to get the consent order ready for posting.

 

 

I forgot to mention that their letter states WITHOUT PREJUDICE SAVE AS TO COSTS.

 

 

The consent order states "There be no order as to costs."

 

 

Is it possible they will try to recoup their costs from us?

 

 

Or does this mean that we each bear our own costs,

 

 

as suggested when we were negotiating earlier on?

[AndyOrch]

Is it possible they will try to recoup their costs from us? No

 

Or does this mean that we each bear our own costs, Yes

 

Now get it signed and returned.

 

Andy