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JeffW

Recommencing debt action

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A couple of years ago, my ex-landlord agreed to settle a dispute out of court by paying me £10 a month by direct bank transfer, till he had paid £300 in total.

 

I have just checked my old bank statements, and discovered that he made his first four £10 payments, and has not made a payment since. :mad2:

 

Knowing him as I do, I don't believe that this was an accident.

 

Would I be within my rights to recommence the previous legal action, deducing £40 from the amount previously sought, and adding on the costs of the new legal action?

 

Or would the court expect me to first contact my ex-landlord and give him the opportunity to settle the outstanding debt?

 

I would far prefer the former, as my landlord is a rude and aggressive person who would probably mess me around further.

 

Just a further thought -

 

If I were to give him a non-negotiable deadline by which to pay the outstanding balance (say, a month), would that be likely to be deemed reasonable by the court, given that the entire debt should have been paid off by now?

Edited by dx100uk
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Was this a tomlin order that the court were aware of?

Or the court khow nowt about this agreement?

 

What status is the claim at then?


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It wasn't a tomlin order (I live in Scotland, and I think Tomlin orders are purely for England?).

 

My ex-landlord and I reached an out of court agreement about a day before the court hearing, and we both emailed the court to advise that we had reached an out of court settlement and would not be proceeding.

 

As a result, the claim was cancelled by the court.

 

Thanks

 

Jeff

Was this a tomlin order that the court were aware of?

Or the court khow nowt about this agreement?

 

What status is the claim at then?

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not binding

start again.

 

have to be a simple procedure claim.

but that's gonna cost you more than the outstanding dent I bet...


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Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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