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


Tonster
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So they posted the DQ in time but Royal Mail failed to deliver it to the Court?

 

I wouldn't waste your time, money or effort trying to set aside that Order reinstating the claim.

 

Others might have a different view though.

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I would echo Ganys post Tonster...little point in objecting......await Notice of Allocation now.

 

Andy

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Ok, thanks guys. Was thinking pointless myself. I'm sure I would have been given the same leeway :-)

 

So no need for me to do anything at this stage. I guess as they have also said yes to mediation that'll happen next?

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" So no need for me to do anything at this stage. I guess as they have also said yes to Mediation that'll happen next? "

 

Await Notice of allocation and directions...both parties are responsible for arranging mediation...so don't just sit and wait for them.

 

Andy

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  • 2 weeks later...

 

Hi Andy

 

 

So, nothing yet from the court re allocation but I have had another e-mail from the claimant.

 

As follows:

Reduced settlement offer to settle the account

£4**.00 to be paid in a one lump sum or over 8 payments of £**.00 starting the 30/06/2015,

 

you did offer a plan on the 14-01-15

see your email below

which I have reduced further.

 

If both parties agree to this arrangement all court action to stop immediately and as long as the payment arrangement is kept up to date no further action will be taken.

 

Your account would be paid in full if the £**** settlement is agreed and as I have stated above we have reduced this figure by £99*.** to mediate and resolve this matter.

 

My name is ****** and you can call me personally on ****** to discuss.

 

So my question is 'if I want to accept the further reduced figure (or indeed negotiate a lower settlement)

 

I would need them to offer a notice of discontinuance in writing wouldn't I unless I let it proceed to allocation and mediation as obviously I don't want a CCJ out of this?

Cheers

Tonster

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You need them to claify if you was to accept how do they intend to seal this package...Tomlin Order or Notice of Discontinuance...Tomlin would be preferential as this offers you protection for the future.

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Ok, will ask the question, if I can get a lower settlement might be able to pay it in one hit so hopefully done and dusted then.

 

 

Cheers

 

If so then the Tomlin Order must contain detail of the F&FS agreement

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If so then the Tomlin Order must contain detail of the F&FS agreement

 

 

Understood. Don't think they will go for Tomlin Order (they wouldn't last time) but I'll see what they come back with. If not, I'll let it proceed to mediation and agree the same settlement there (or lower) and then there is no CCJ and it's legally binding without the additional costs of a Tomlin Order?

If there is no agreement at mediation as per the defence we put together they wouldn't/shouldn't win in court anyhow (although I understand the DJ lottery) hence trying to get rid of it before then.

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You can settle it anyway in the period provided for payment even if they were successful...no CCJ.

You can settle it now by paying them before it proceeds.....no CCJ

You can settle by way of a Tomlin Order either in full payment or monthly payments....no CCJ.

 

Choice is yours.

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Understood, cheers

 

So, e-mail back from them as below accepting my lower settlement figure of £300 (initial claim nearly £1500) so I'm ok with this to close it once and for all.

 

They state the below in regards to the court action :

 

Once the payment has been received, we will write to the courts to notify them that the account has been settled in full and to cancel the outstanding claim with immediate effect.

 

Please take this email Mr Preston, as a commitment of SLL Capital to honour the terms outlined above, once the payment has been received.

 

Would you say this is good enough and their promise to cancel the outstanding claim will be in effect a notice of discontinuance or can they just inform the court that the claim is settled?

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They just inform the court that its been settled...no need for discontinuance.

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They just inform the court that its been settled...no need for discontinuance.

 

 

Perfect, nice to get one done and dusted, thanks for all the advice

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Nice one Tonster...all sorted now.

 

Regards

 

Andy

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