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SSL Capital claimform - Cash Store Payday loan **SETTLED**


Tonster
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Its apparent that they dont really understand what a Tomlin Order is and when it should be used.Yes there is a fee that is added to the costs £50 but you the defendant cant arrange it ...the claimant drafts it and submits it with your signature/consent.

 

" Please confirm if a reply has been sent back to the courts regarding your intentions of repayment? "

 

No because then you would get a CCJ hence the suggestion of a Tomlin Order :roll:

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Example

 

IN THE XXXXXXXXXXXXX county court CLAIM NO:XXXXXXXX

 

Between Claimant

 

 

Claimant

 

and

 

 

Defendant

 

 

 

 

Tomlin Order

 

 

Upon the parties having agreed terms of settlement

 

 

BY CONSENT IT IS ORDERED THAT:

 

 

1. All further proceedings in this action shall be stayed upon the terms setout in the

the attached schedule, except for the purpose of carrying such terms into effect.

 

2. Each party shall have liberty to apply to the court if the other party does not give

effect to the terms set out in the schedule.

 

3.No order for costs.

 

 

Dated ......................... .......

 

We consent to the making of an order in the above terms

 

 

......................... .................

Sols for the Claimant

 

 

 

......................... .................

 

XXXXXXXxx,Defendant

 

 

 

 

 

 

 

 

 

 

SCHEDULE

 

 

1. The Defendant shall pay to the Claimant the sum of £XXXXXX in Full and final

settlement of this claim

 

2. No charges will accrue on the settlement sum

 

3. The Defendant will pay to the Claimant on or before xx xxxxx 2010 the sum of

£XX.00 followed by payments of £XX.00 on or before the xxth of each month and every

month thereafter until the balance has been paid in full.

 

4. If payment is not made on the due date the Claimant shall give notice in writing of such a

default to the Defendant and if payment is not made within 14 days from the date of such

notice the Claimant shall be at liberty to apply to lift the stay and proceed with the claim.

 

 

5. The amount of the monthly instalment payment shall be reviewed at 12 monthly intervals. The defendant shall co-operate

with the Claimant on such review by providing the Claimant with such information about his/her assets income and expenditure,

as the Claimant shall reasonably request.

 

6.If following any review the Claimant and Defendant agree a new monthly instalment amount, the new monthly instalment shall become payable under

paragraph 3,with effect from the next instalment date.

 

7.If following any review, either the Claimant or the Defendant considers a new monthly instalment amount should be payable but cannot agree this with the other party, either party shall be at liberty to apply to the Court for the Court to determine the monthly installment payable and thereafter the stay and settlement contained in this schedule do continue.

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Hi Andy

 

Would it be easier then to wait for mediation and accept the repayment offer there as then there is no CCJ nor costs if they won't do a Tomlin order?

 

I really want to ensure there is no CCJ and no further costs. Still had nothing from the court yet either.

The claimant doesn't seem very clued up to me

 

Tonster

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Yes thats an option...you ask them to withdraw the claim subject to settlement

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Stop press: DQ has arrived, small claims track.

 

 

So, I guess I will just fill this in agreeing small claims is correct track and that I do want to use the mediation service. That way I guess we can formalise the agreement without costs and without CCJ, I've been through mediation once before and it seems a good way to proceed?

 

 

I guess pick local court, 1 witness (me) and no experts?

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Correct...yes to mediation.

We could do with some help from you.

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Hi Andy

 

 

Appreciate your help with this and was wondering if you could take a look at another thread of mine I've just created (my biggest outstanding debt!) I realise as the amount is larger the procedure may be different and would appreciate any advice

 

 

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?439861-Claim-Form-Received-Cabot-Lloyds&p=4678858#post4678858

 

 

Cheers

 

 

Tonster

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  • 1 month later...

Called the court today and the claimant had until 16/2 to file their DQ and have failed to do so (the court tells me they are working on DQ's from 18/2 at the moment) so I guess now the case will be stayed?

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Failure to submit a DQ will result in the claimants claim being struck out Tonster...not stayed.

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Just spoke to Northampton, they tell me the claim was struck out on 27th Feb! They said they don't send anything in writing but I guess this should be the end of it now?

 

 

Cheers

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Excellent news.......well done

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

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:thumb: Many thanks Tonster.

We could do with some help from you.

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  • 1 month later...

Hi Andy

 

So, it continues. SLL have now sent in a N244 form along with a cheque for £50 to Northampton to 're-instate' the case. They state in the N244 'The DQ was sent well before the deadline. We have no idea why the claim has been struck out as even the defendant has asked for a mediation.

 

They've sent me a copy of their DQ and N244. Nothing yet from the court. I was wondering what's the likely outcome (options) and is there anything I should be doing at this stage?

Cheers

Tonster

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So what is their excuse for BOTH the court and the defendant not receiving it then?

They clearly do not have a clue

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi Andy

 

So, it continues. SLL have now sent in a N244 form along with a cheque for £50 to Northampton to 're-instate' the case. They state in the N244 'The DQ was sent well before the deadline. We have no idea why the claim has been struck out as even the defendant has asked for a mediation.

 

They've sent me a copy of their DQ and N244. Nothing yet from the court. I was wondering what's the likely outcome (options) and is there anything I should be doing at this stage?

Cheers

Tonster

 

What order are they requesting on the N244 Tonster...(verbatim)...relief from sanctions?

 

Regards

 

Andy

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So what is their excuse for BOTH the court and the defendant not receiving it then?

They clearly do not have a clue

 

If they have proof of postage or an email receipt etc the claim will probably get reinstated.

 

If they don't then it will be a lot more difficult and will probably require a hearing.

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What order are they requesting on the N244 Tonster...(verbatim)...relief from sanctions?

 

Regards

 

Andy

 

Hi Andy

 

I can scan up their N244 if you like but literally the order they are asking the court to make (question 3) is 'Re-instate claim'. That's it.

Their answer to question 10 (what evidence will you be using in support) is 'The DQ was sent well before the deadline. We have no idea why the claim has been struck out as even the defendant has asked for a Mediation'

 

That is it verbatim (I know I know)

 

Cheers

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Sit tight until (if) the courts informs you of a hearing.

 

Andy

We could do with some help from you.

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  • 4 weeks later...

Hi Andy

 

 

So a general directions order has arrived today from Northampton :

'The court will deal with the application to lift the stay without hearing under CPR 23.8 ©

It is ordered that:

The application to reinstate the case and file direction questionnaires granted.

Note: This order has been made without a hearing under the court's case management powers contained in the Civil Procedure rule part 3. You may within 7 days of the service of this order apply to the court to set aside or to vary the order under part 23 rule 10. You must file with the court and serve on other parties an application that sets out your reasons for objection. A fee is payable upon filing the application. When your objection is received the matter will be listed for hearing unless you ask the court to vary the order without a hearing.

 

 

Any advice on next steps welcome Andy, is it worth objecting to them re-instating the case? If not, are we back to where we were in terms of DQ's and mediation would be next? If I don't now file an objection is there anything else for me to do or await mediation to be in touch?

 

 

Cheers

 

 

Tonster

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