Western Circle Claimform - old PDL

[Gracelands]

Thanks Andy

 

Also received a pack of documents from western Circle with notice of areas other communication etc. Also email communications all of which means they have provided the correct information requested?

 

Thanks G

[AndyOrch]

I cant really comment until you scan redact and upload copies of what has been sent. Does it state in response to your CCA/CPR requests ?

[Gracelands]

Hi Andy

 

letter says “ further to letter dated 24/06/21 we are sending you physical copies of the information that you have requested”

 

also inside:

notice of arrears 10/06/21

default notice 30/06/21 

letter of claim no date on letter?

statement letter 

pre contract credit information 

information sheet saying it has been sent due to a business intending to take you to court

 

thats everything

 

Thanks G

[AndyOrch]

No copy of the agreement ?   if you could scan redact and upload a copy of the DN and Statement ...the rest are irrelevant.

[Gracelands]

In with the “contract credit information” there is a explanation of a fixed sum agreement and also a fixed sum loan agreement regulated by the CCA 1974 with an electronic signature at the end.

 

I have no scanner at home so will scan and upload DN and statement tomorrow.

 

thanks G

[dx100uk]

we need to see all of it not just what you think is relevant

 

looks like they might have it....

[Gracelands]

Hi Andy 

 

 

I have attached the DN and Statement  that was sent to me.

 

Thanks G

 

convert-jpg-to-pdf.net_2021-09-08_15-19-53.pdf

 

[AndyOrch]

Thanks.....if you could also upload the " “contract credit information " as you stated it refers to a fixed agreement  ?

[Gracelands]

Hi Andy

I have attached the fixed sum agreement.

 

 

Fixed sum agreement.pdf

[AndyOrch]

[Gracelands]

Hi hope you are all well.

update from Western 

 

We have received a notification requesting for a deal. 

If you wish to set an arrangement with us directly, you need to send back the court paperwork  (N9A Admission form) that you will receive shortly. As soon as we receive the form, we can set an arrangement with you.

 

is this the routine response.

Does the form findings set out what can be offered for mediation?

 

thanks G

Edited September 19, 2021 by dx100uk
spacing

[dx100uk]

no its admittance by you and will guarantee a CCJ.

nothing to do with mediation and the n180 you sent them and the court.

 

dx

[Gracelands]

Hi I have had an email (no letter?) from [email protected] saying 

 

Appointment date:  ————-
Appointment time slot: 12:00 - 14:00;

You will be called within this time slot and your appointment will last for a maximum of one hour.You will be called within this time slot and your appointment will last for a maximum of one hour.

 

anyone heard of this and do I reply?

 

any advice will be welcomed

 

thanks G

[dx100uk]

Std mediation appointment

 

Dx

[Gracelands]

Hi dx from what i can see from the returned documentation all relevant documents seem to be there, would this mean that it would be advised to mediate and make an offer of payment as if it went to local court then there would not be much of a defence?

 

Thanks G

[Gracelands]

Hi i will not be able to take 2 hours off work for mediation with the court. I do still have the mediation and expenditure forms from Western which i could complete.

As stated above from what i can see from the returned documentation all relevant documents seem to be there so if it went to local court i would be very limited with a defence, would this mean that it would be advised to mediate?

Any advise is very welcome.

 

Thanks G

[AndyOrch]

You must do what you feel is best for you....but you must insist that they withdraw the claim if you negotiate a settlement.

[Gracelands]

Thanks Andy i understand.

I have sent an email asking  them to withdraw the claim and i will negotiate a settlement figure for repayment so just waiting on a response. Not sure they will go for this but i assume it will be in my favour if it goes to local court that i have made an effort to resolve they situation?

 

Thanks G

[AndyOrch]

Absolutely....if they accept or show interest in your offer its best to confirm the details by way of a Tomlin Order...then its future proof and rubber stamped by the court.

[Gracelands]

Thanks Andy. no reply yet sent it this morning to the email name on the court papers I’ll send another request on Monday to cover my intentions to resolve if they don’t reply.

 

Thanks G

[Gracelands]

Hi still no reply to my above request to settle the claim i have just fired another request to the named email address on the small track claim and see what happens.

I will not be able to make the Small claims Mediation Service appointment this week as i can not take the time off work so will inform them of this and hope this does not put me in foul of any requirements?

I will also inform then of Westerns failure to reply to my settlement requests?

 

Thanks G

[dx100uk]

On 19/09/2021 at 10:37, Gracelands said:

If you wish to set an arrangement with us directly, you need to send back the court paperwork  (N9A Admission form) that you will receive shortly. As soon as we receive the form, we can set an arrangement with you.

just to be clear on the above

whatever you do do not send in that admittance for..guaranteed CCJ.

 

ask western to do a tomlin/consent order but dont ever agree a £PCM figure you can never meet, stand your ground at say  £10-£20 PCM.

[Gracelands]

Hi dx only thing i have done is sent Wetcloths 2 emails saying i am willing to come to agreement on the small claim if agreed by both sides and the claim is dropped!! I have not completed the N9A admission form?

 

Thanks dx I will put the tomlin/consent order to them on my next email and if agreed keep the figure as you have suggested 

 

Thanks G 

[dx100uk]

what are you doing sending things to wetcloths?

 

they are zero to do with the claim.

 

they are not the claimant

nor

they are not the solicitors

 

named on the claimform..

 

your offer should be in reply to the claimant re below.

 

On 19/09/2021 at 10:37, Gracelands said:

Hi hope you are all well.

update from Western 

 

We have received a notification requesting for a deal. 

If you wish to set an arrangement with us directly, you need to send back the court paperwork  (N9A Admission form) that you will receive shortly. As soon as we receive the form, we can set an arrangement with you.

 

is this the routine response.

Does the form findings set out what can be offered for mediation?

 

thanks G

 

 

[Gracelands]

Sorry dx lots of DCA's going around in my head at the moment.

Yes emails gone to Western Circle who are named on the small claim form that also gives you an email correspondent and thats where the emails have gone. I didn't want to to send back the court paperwork  (N9A Admission form) and admit anything and thought that this could be used at court stage, this was sent by letter?

Are saying to send back the N9A i had form to Western and enter into an arrangement that way?

 

Thank G