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HELP! XMAS Claim from CABOT / WRIGHT HASSALL CLAIM for old EGG Card


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Hi CB,

I'll keep it short I know you have a lot of posts to deal with.

 

disclosure lists exchanged, deadline for requests monday 4pm, WH emailed a request for everything friday so have 2 weeks to send docs to them.

If I felt i had to, can i get away with adding something else to the list at this late stage (e.g. cancellation of card agreement letter/original agreement etc.)?

 

thanks,

gf2k

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I really dont know the answer to your question. I will leave a message for andyorch for you. :)

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Apparently andyorch has already covered this in great detail within the thread, g2 !

 

If you intend holding evidence back then trying to hijack at the last minute, the court will probably not approve or be happy about it.

 

You can apparently do supplemental evidence, but will require the permission of both the court and claimant to do this.

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Thanks CB,

yes Andy was very helpful with the original disclosure question but this is a different question & nothing underhand, just whether it's still poss to add other docs to disclosure after lists exchanged.

no problem.

cheers

gf2k

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Thanks CB,

yes Andy was very helpful with the original disclosure question but this is a different question & nothing underhand, just whether it's still poss to add other docs to disclosure after lists exchanged.

no problem.

cheers

gf2k

 

I kind of think the answer is no, not without permission of the court and claimant :(

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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Hi Andy,

Hope you're well.

 

I need some urgent advice re the pros & cons of accepting a Part 36 offer or a 'costs to date inclusive' offer (non-Part 36?)

 

Specifically I've had a c£16k Part 36 offer inclusive of interest but plus costs (c£2k) OR a c£17.5k non-Part 36 offer inclusive of costs-to-date.

 

WH made the P36 offer just under 21 days ago so I can still accept without incurring further costs, however after speaking with them yesterday re concerns over costs and wording if I accept I got the following email with what looks like a new non-Part 36(?) offer:

 

"We refer to our telephone conversation earlier today. Having reviewed the matter further, we confirm that our Client is willing to accept a settlement sum of £17,4**.** in full and final settlement of the Claim. This is inclusive of all costs to date. We note that you proposed that the Settlement Sum be paid by you in equal monthly instalments. In order to assess whether this offer is acceptable to the Claimant, and to assess whether the level of monthly instalments that are affordable to you, please complete the attached Income and Expenditure form.

 

Once you have completed the Income and Expenditure form please return it so that we can take instructions from the Claimant. If the Claimant accepts your offer to pay the Settlement Sum in the monthly instalments indicated in the Income and Expenditure form we will draft a Tomlin Order for your signature and arrange for this to be filed at Court. As previously discussed the use of a Tomlin Order would afford you the desired certainty with regards to the payment terms that we agree whilst also communicating to the Court that the matter has been settled without the need for a County Court Judgment and the risk of further enforcement action."

 

Both offers come to pretty much the same final total, but slightly less for the new costs-inclusive offer, so it's making me wonder why they seem to be stepping away from the Part 36 wording.

 

Is there any benefit to non-Part 36 for them going forward? i.e. leaving me open for costs/interest later?

 

Could they be trying to get me to accept this new offer so I miss the 21 days on the Part 36 offer?

 

The Witness Statements are due on Monday by 4pm so they say they need the I&E form back by 4pm today to reach a decision with the client, I have it ready but I'm not sure if I should still accept the Part 36 offer to be within the 21 days.

 

Would that be at all beneficial/preferrable to me?

Part 36 is money only(?) so restricts the wording of any Tomlin Order/Agreement correct? which they may not want

Part 36 usually requires 14 days or risk Judgment being entered but we've already discussed a longer term arrangement, so I can safely accept the Part 36 without forcing payment within the 14days?

 

Or am I over-thinking and should I just accept the new 'costs-to-date inclusive'/non P36 offer to put the whole thing on hold?

 

Really need to decide on this now so could you put me straight on the pros & cons please.

Thanks in advance.

Best,

GF 2k

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Hi GF..yes thank you ,extremely well......just a tad busy.

 

I really have not got the time to go into the complexity of the pitfalls and pluses of the part 36...so I will post you the following link which is extremely useful in considering your current position.

 

http://www.out-law.com/topics/dispute-resolution-and-litigation/settlement/part-36-offers-to-settle/

 

Hope that helps.....keep me updated.

 

Regards

 

Andy

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Thanks Andy and Ford,

 

Having considered the options and risks I've decided to accept the non-Part 36 offer pending Tomlin Order wording.

This is due on Monday before the 4pm deadline for Witness Statements to be submitted.

 

If I agree with and sign the TO do i just email the court that we have settled or do i still send a WS to be safe?

 

Thanks,

 

gf

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Normally that's the claimants responsibility to file and inform the court (TO)...Still submit your WS and stick to the timetable in the meantime.

 

Further useful link...

 

http://www.bsqcostslaw.com/bulletins/litigation-costs-guideline-hourly-rate-part-36again-and-discontinuance/

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It is standard form and acceptable wording in the main...I do agree with you that in a default situation they can apply to lift the stay and proceed straight to judgment is a concern and slightly against the standard wording...it is normal for parties to have liberty to apply to the court and seek recourse.

 

Its really here nor there as long as you don't default...and the claimant may face problems moving straight to judgment in the event of a default or an agreement on review cant be agreed in that the claim is stayed and a defence has been entered.

 

But if you have concerns then perhaps suggest that that part be revised to what I have advised.

 

Andy

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I will now unapprove your post GF as Tomlin Orders are confidential as per the term in the schedule.

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I will now approve your post GF as Tomlin Orders are confidential as per the term in the schedule.

 

Thanks Andy,

I'm posting the Tomlin Order in half an hour, should I date it or leave that for WH?

 

Thanks,

gf

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Date and sign it...did you get the recommended amendment included?

We could do with some help from you.

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Date and sign it...did you get the recommended amendment included?

 

no, they viewed the wording as final. do you think that will be a problem going forward?

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As long as you never default ...no.

We could do with some help from you.

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As long as you never default ...no.

 

ok thanks, i'll make sure that i don't.

 

i'll update the thread once they have notified the court etc.

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Excellent ...please do then we can amend your thread title to settled GF

We could do with some help from you.

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