Cabot/shoos claimform - old halifax card - threatening to lift Stay/Summary Judgment

[Islabop]

I would hope to agree dx100uk. 

 

However, having read the experiences of other individuals in previous threads, I can't bear the thought of having to attend court witnessing a judge on overly friendly terms with the claimant's solicitor such that I would it perceive it not to be a fair trial. 

 

I know that often it is not what you know, but who you know, and if you are familiar with the legal system that puts litigants in person at a severe disadvantage. 

 

At least having a solicitor would mean that I would not have to face that prospect.  

[AndyOrch]

1 hour ago, Islabop said:

I have a couple of further questions if I may,

 

How likely is it that the objections I raise to the N244 application would be successful, and if so, what would be the outcome?  Impossible to say without seeing the claimants witness statement in support..and subject to the quality of judge ..and subject to the arguments you put forward.....the outcome would be that either their application is dismissed and the claim remains stayed or their application to lift the stay is allowed but Summary Judgment is denied and therefore the claim proceeds to a further hearing....or they get both and thats the end you lose.

 

 

If the stay is lifted, I would seek the advice of a solicitor as I would not want to face the prospect of going to court without legal assistance as I am not confident that I would be able to articulate my defence in legal terms effectively.Don't bother as already advised..as the only possible point you could win on is the lack of default notice....with the the right Judge 

 

Would the cost of solicitor fees (around £800 estimate) outweight any potential costs of a Tomlin order? Tomlin Order fee is £50 go figure

 

How would I go about arranging a Tomlin order? Already explained above you suggest it to the solicitor as a possible way of settlement...they may agree they may refuse.

 

Or you sit tight and wait for any application

 

 

 

   

Andy

[Islabop]

Would I be able to submit a full and final settlement offer at this stage, would this have the same effect as the Tomlin order? I have drafted a settlement offer letter and would be grateful for your comments.

 

Dear Sir/Madam

Without prejudice save as to costs

Account No: XXXXXXXXXXXXX


I am writing about the money which you are claiming on the above account. I do not accept liability for this debt, however in the interest of saving further legal costs and time, I would like to offer £500 inc VAT as full and final settlement of the account. I am making this offer on the clear understanding that, if you accept it, neither you nor any associate company will take any other action to collect or enforce this debt in any way and that I will be released from any liability.

If you accept this offer, please confirm that you will not seek to lift the stay on proceedings.

I can pay the amount I have offered within 14 days of receiving your written agreement of this offer.

I look forward to hearing from you.

Yours faithfully

[AndyOrch]

You owe £4511.96..inc court fees ?...I doubt they will accept but feel free to try.

[Islabop]

I think I will hold tight and see if they apply to lift the stay, then go from there. I have numerous points to argue a defence if they submit N244.

[AndyOrch]

[Islabop]

I sent the solicitor the following email earlier this week:

 

Thank you for your reply. Can you please send me a copy of the default notice that was sent please as I do not recall ever having received it.

 

And received the following response today:

 

Dear XXXX

 

Your request for a copy of the default notice is noted. As my client is a debt purchaser, they have to rely upon the original lender, namely Halifax, to provide them with the documentation relating to the debt. My client has previously requested a copy of the default notice from Halifax and, to date, has been provided with the default notice template and screen print that was previously provided to you. I will again raise the request with my client for them to revert back to Halifax.

 

In the interim, as evidenced on the screen print, the default notice was issued to you on 16 December 2010.

 

I will revert back to you in due course.

 

Kind regards

 

XXXX

Edited August 2, 2019 by Islabop

[Tidot]

@Islabop did anything further ever happen with your case? Just wondering because I'm in a similar situation. Not sure what I should do next. Thanks.