Cabot/Mortimer claimform - claim stayed - now N244 - old Likely Loans PDL *** Settlement Agreed***

[jotty]

Thanks Andy I feared as much. I’ll tell her to email them with an offer, does this have to follow a certain format ?, and based on that she can decide if she wants to go to the hearing. It’s my understanding her husband is having treatment that day so she would have struggled in any case.

in case she asks, will they enforce the order on her house next be able to take it based on such a small amount.

 

Thanks for your help.

[dx100uk]

no the home is safe. 

is this a joint home and the debt is solely hers?

 

if so even if they go for a charging order, (in the future IF IF iF) it would only ever be a restriction k and useless to them. 

[AndyOrch]

The charge would only be to secure the judgment debt...possibly sit there forever unpaid but the CCJ will show on her credit files for 6 years.

The Tomlin suggestion would be the best outcome if they would agree...it stays the claim no CCJ no Charge and an agreed affordable monthly payment.

 

Its a big If and if they would agree..but the key is moving fast because they cant get a refund of their application/hearing if left past this weekend...I would contact them tomorrow ask for the solicitor dealing with the claim and try to thrash out a Tomlin Order agreement.

[jotty]

Thanks to you both, the house is in joint names.

 

She has  emailed the Solicitors and Cabot and we will help her ring them tomorrow.

 

Is it still the case that a restriction K is only a request to inform them if house is sold rather than an obstacle requiring their permission ?

[dx100uk]

Correct!!

[jotty]

Got this today from Mortimer/Cabot, to say my neighbour is relieved is an understatement as I dont think she would have made it to court. She did email and offer to accept a Tomlin Order but the letter doesn't mention it.

 

Any advice of how to respond please ?

 

forthcoming hearing be vacated and we will not be attending.pdf

[AndyOrch]

Okay firstly its vital you check with the court to see if the hearing has been vacated...and if so its okay to complete their form and make an affordable monthly offer...then see what their response is.

 

Must check with the county court first though.

[jotty]

So she has checked and court confirm they have put the case on hold for now.

 

Any advice on the budget planner form please, she wont tell me about finances but I am guessing they are both nearing pension age and he is a retired council worker with a small pension, their house is in joint names.

[AndyOrch]

Its not on hold they have vacated the hearing..their application to lift the stay and request Summary Judgment is no longer.

Only she can complete the budget and offer an affordable monthly payment its something which is impossible to advise.

 

Basically she is now back to where she was before you started this topic...if she does not make an acceptable offer they will make a further application....last chance saloon.

[jotty]

Good news, sort of. After I helped with an offer of payment they have agreed to a £40pm plan and will not ask for the stay to be lifted in case she doesn't pay.

 

Her husband passed away on Saturday unfortunately but at least if she wishes now to move on there wont be any restriction on the house.

[dx100uk]

well done

 

dx

 

[AndyOrch]

Delighted that this has been resolved and our sincere condolences to your friend...topic title amended to reflect the out come.

 

Andy