Azzurro/Restons claimform - old Kensington secured loan (no longer secured as old home they repo'd). ** *Claim Discontinued***

[dx100uk]

Court is easy not what you see on TV, dentist is far worse 

 

You need to read several 10's of threads as I pointed too earlier. so you know what might come next, how to deal, and all the stages going fwd .

 

But don't do anything ever without checking here 1st 

 

DX

 

 

[Paulxo37]

Had an email from solicitor asking to verify my email address. Should I do this? Thanks

[dx100uk]

No email back and state email is not to be used for anything to do with our mutual claim nor alleged debt. Else they will file fake paperwork or tell lies 1 min before a court deadline removing your right to counter them 

 

Get reading up a good few 10's of threads..  .

 

Dx

[Paulxo37]

Thanks. I decided to just ignore the email but this hasn’t stopped them emailing me. 
 

I guess I still have that option.

 

they have written (finally) that they will accept a 30% discount and this can be paid as a lump sum or instalments. I’ve been given a 2 week deadline. 
 

I’ve not heard anything about my requests from either Azzurro or Restons. 
 

The email itself has a pdf of the letter

- the address on it is out of date by nearly four years.

This is confusing as the court papers came to my current address. 

[dx100uk]

what is the status of the claim on MCOL?

 

 

[Paulxo37]

There is no change just defence submitted. 

[dx100uk]

then as per the courts letter sent to you following your defence submittance?

the claim is now probably stayed.

 

you need to send that email i suggested removing that method of comms.

 

you should not be disappearing for a month and not reading up here as suggested or ignore our advice

 

dx

 

 

 

[Paulxo37]

I didn’t get a letter from the court following submitting the defence. It just says defence received on the site.

 

ok I’ll email them what you’ve told me. Thanks again for your help. 
 

I did spend some considerable time researching but I did struggle to find similar cases.

[dx100uk]

the claimform was in your name and your present address ?and you entered/checked details on mcol when using it?

 

the basic court stages are the same for every claimform thread.

 

[dx100uk]

hows this going any mention of DQ on mcol status?

 

dx

 

[Paulxo37]

Hi, thanks for asking. Yes DQ has been sent to me (although I've not received). The solicitors have written to me with a copy of what they have received which says

 

1. this is now a defended claim.

2. case suitable for fast track.

3. you must be 3 oct 22 

a. complete DQ (N181) and file at court office

b. attempt to agree directions with other parties

c. file proposed directions

 

Directions they've sent are:

 

1. transfer to my local court

2. matter be fast tracked

3. claim stayed to consider settlement

4. parties at liberty to agree extensions

5. disclosure of documents rules

6 evidence rules

7. no experts

8. trial window and timings

9 claimant file documents timetable

10. if settled inform court immediately

 

Any advice greatly appreciated at this stage. More sleepless nights beckon.

[dx100uk]

ok sorry yes this is fast rack as +£10k

 

there is a recent thread here where its detailed what to do in these instances let me go find it...

 

 

[Paulxo37]

Ok thanks. Looks like I have to fill in n181 and send to court's email?

 

Before I send I will post here for checking?

[dx100uk]

read that thread!

and the claimant sols.

 

 

[Paulxo37]

I have read the thread - looks like next step is n181. 

 

Claimant sols? What do you mean here?

[dx100uk]

 

you fill out the N181 you have as per the example in that thread 

then you must send a copy to the court and the claimants solicitors

[Paulxo37]

Thanks. Will do today and present here.

What is the plan here? They give up as have no evidence? I still haven’t received anything from them as regards default notice etc.

[Paulxo37]

Can you tell me what the plan is here? Am I hoping they don't have the original agreement, default notices etc? Thank you.

 

Please see n181 for submission.

n181cagcopy.pdf

[dx100uk]

Pretty fatal if they haven't.

 

Dx

[Paulxo37]

UPDATE.

The case has been transferred to my local county court and I am awaiting a date.

 

I have been contacted by the solicitors with an offer of settlement of 40% reduction but with their costs added on.

 

So that's effectively a 20% reduction.

 

I suspect this is to demonstrate to the court that they are attempting a settlement in good faith, but of course I have still not received any evidence from them that they are entitled to this claim.

 

I am very fatigued with this and don't know what to do.

[AndyOrch]

Stick it out, they haven't been awarded costs yet nor may they get any even if they are successful.

[dx100uk]

No need to be fragile, you are in a strong position here and theyve dangled a discount carrot, which makes you wonder how confident they really are.

 

what you must remember here is why did the OC sell this on and not, as they regularly do, take it to court themselves and crush you?? But chose to sell it on for peanuts..azzurro are only doing this as they saw big ££ signs in their eyes and thought youd wet yourself and cough up blindly.

 

Dx

[Paulxo37]

Thank you both for that prompt reassurance. 

I'll stick it out.

[Paulxo37]

I have now had a letter from the solicitor which contains copies of the following:

- Signed loan agreement 

- default notice (This has no logo and is unsigned. It looks like it could have been typed up ay any time. This is not a copy, definitely a print out)

- house completion details outlining shortfall on repossession

- Statement of account

- letters of assignment to Azzurro

 

It is not looking very favourable. They continue to offer some kind of discount. 

 

 

CRP sols docs return.pdf

[dx100uk]

dont think that lot is telling the court everything they need to know .

esp what portion of the shortfall is the important part the capital, not everything else which is statute barred after 6yrs, the capital investment is not i think its 12yrs, but strange how close it is to 12yrs sb. eh? sat on it to run up interest, but then kenny's had cold feet and sold the debt on for 10p=£1 very suspect to me.

 

have you a court date yet?

 

dx