Redwood/harwoods - school fees. Claimforn received - *** Settled by Tomlin Order* **

[Ironic]

Thanks Andy, made life much easier, really appreciated. I will now need to see what documents are to be disclosed, although as is SB it is down to them in reality

[AndyOrch]

Work on your Draft Directions next and try to agree them with the claimant...disclosure follows later.

[Ironic]

The Claimant doesn't seem keen to discuss the directions with me let alone agree them, maybe I'm being stupid but the directions are what exactly?

[AndyOrch]

Draft directions in Fast Track are the finer points of how the claim will proceed......here is an example

 

[ATTACH=CONFIG]57023[/ATTACH]

 

Its important to finish the Claimant refused to discuss or agree the above...that will go down well with the Court.

[Ironic]

Thank you, that would seem to indicate that in reality I cant do the Directions but the Judge does after he has received the DQs from both sides - or have I got that wrong?

[AndyOrch]

Why cant you do them ? Parties submit the directions in fast track the judge just considers and adds/ alters and firms the dates...only in Small Claims Track does the DJ sets the Directions without input from the parties.

 

You submit yours...if the claimant fails then they have no say in how it will proceed.

[Ironic]

Ah ok I see, makes sense, will do then

[Ironic]

If I do my Directions and they don't submit theirs, you say they then have no say on how it will proceed, could they potentially have it thrown out by Judge?

[AndyOrch]

No...but they would find it hard to complain about the Directions.

[Ironic]

I see - a bit like they have found it really hard to come up any documentation to prove they should be collecting the debt, or indeed that the debt even exists!

[inabind]

Hi - what was the outcome of your case?

[Ironic]

Went and saw the school direct,

came to an arrangement to make monthly payments over a period of time,

no interest and no massive fees from solicitors or DCAs,

and have started that process after Harwoods insisted on a Tomlin Agreement,

so if missed payments whole debt can be pursued.

 

The school were happy with this arrangement because they are getting the due money paid back and is the best result, certainly involving paying anything, that I could have got.

 

Thanks for all assistance received over this, much appreciated.

[honeybee13]

That sounds like a good solution.

 

Have you got the agreement in writing?

 

HB

[Ironic]

Yes all confirmed in writing - and first payments made so agreement 'live'.

[honeybee13]

Excellent, well done. I'll amend your thread title to reflect this.

 

HB

[Ironic]

Thanks very much, and would suggest to all in same position, talk direct to the school as they do seem happier dealing with parents rather than whole DCA/Solicitors routine!

[fkofilee]

This is wonderful news

Extremely glad you could get it worked out direct.

[dx100uk]

what has happened to the court claim?

 

 

dx

[Ironic]

Sorry for late response only just seen you note!

 

Didn't go to court, as the school accepted my offer,

as part of that it was agreed that the court case wouldn't go ahead,

 

however Redwood/Harwood wanted to 'protect their client'

(as we know they are so good at putting the client first!)

and so the Tomlin Agreement was made.

 

Under that if I default on the payments they can apply back to the court to recommence proceedings.

[dx100uk]

thank you

[AndyOrch]

Well done Ironic and many thanks for the update/conclusion .

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

[Ironic]

Was threatened with bankruptcy over unpaid debt.

Agreed to secure debt against our house which was on the market and would enable us to clear the debt (unpaid school fees).

 

The charge was placed on the house by the solicitors acting for the DCA mid 2016 so everything was as they wanted - or so I thought!

 

In spite of having the charge

they took us to court to make us bankrupt 6 times between them putting the charge on the property and a couple of months ago when it was sold and the debt repaid in full.

 

Each time they argued that debt hadn't been repaid so they should enforce bankruptcy

- even though I produced the Land Registry records showing charge existed yet no judge took it into consideration, maybe because I didn't have a solicitor representing me.

We have also, and the solicitor agreed that they hadn't, never been served with a Petition.

 

The hearing got adjourned several times and then they didn't turn up for a hearing so a judge dismissed the Petition,

 

they reapplied for a hearing because 'their mail management system showed they hadn't received the details from the court of the hearing' - obviously!

(If we had tried that one would we have been believed? )

 

When the house was being sold our solicitors asked for redemption figure to clear this matter, and another hearing was adjourned as sale was close, and on completion of sale the full amount was paid.

 

A week after the completion the adjourned case was held and although I thought why bother going as all done, I went and was horrified that they are now claiming £6k costs!!!!

 

How can this be and what can I do as this just never stops.

I thought couldn't be made bankrupt if debt was secured, which it was, and so the costs they have allegedly run up are for them to make spurious efforts to make us bankrupt when they could legally do that.

 

All thoughts welcome please

[dx100uk]

Don't tell me redwood and harwood?

[dx100uk]

Yes what a guess

Old and new threads merged

So what happened to the Tomlin?

[Ironic]

Yes what a 'lucky' guess that was!

I missed a payment on Tomlin and boom off it went - and not in a good way as you can see.