Azzurro Claimform - Unregulated Business Loan from Liberis.com - Sole Trader - my name" T/A "Business Name

[CornishRose]

Hi, im only a few days away from the mediation meeting, would appreciate any way I should deal with this.  I have no clue. Sorry. 

CPR Return .pdf

[dx100uk]

for ease of finding ive upload the CPR Return to your post above.

 

now as a result of a world pay card scheme? resulting in an unregulated business loans etc are not my strong point BUT why the OC sold this on for pennies and not crush you themselves in court raises my spider senses .

 

i'd much rather @andyorch passed some form of wisdom on here.

 

the only thing i can sadly confirm is that you've not get out as a sole trader, 

Personal guarantee to trade creditors

WWW.BUSINESS-LAWFIRM.CO.UK

 

but that does not mean all is lost.

 

my pers view is if andy does not pop up is to refuse mediation when the mediation service calls.

at least that will provide more breathing space (months) till there is a witness statement exchange before/if there is a hearing more weeks away.

 

dx

[CornishRose]

Thank you so much...

 

What are the sort of outcomes at Mediation??  

Can i just pay a token payment to them?

Will I have to get a CCJ?

 

Thanks. 

[dx100uk]

58 minutes ago, CornishRose said:

What are the sort of outcomes at Mediation??  IMHO reject mediation , just tell them so when they call. it can't hurt you.

Can i just pay a token payment to them? no not now ..but..that would be available if you agreed to a tomlin/consent order agreed by both parties. if you fail to pay at anytime the ccj would be registered.

Will I have to get a CCJ? as above. my thoughts are to ride this out see where it goes.

 

all of the above is subject to if @Andyorch pops in later... but i would for now refuse mediation. gives you time...can't hurt you.

[AndyOrch]

If they were to make application for Summary Judgment this would add further costs to the debt and their application would most likley succeed. I really can't see a a credible defence here unfortunatley.

 

Therefore, use the mediation service to try to come to an agreement and arrange a payment plan if you wish to avoid a CCJ.

 

Andy

[CornishRose]

Hi many thanks @Andyorch

 

My appointment is tomorrow afternoon. If you have any tips for dealing with negotiating that would be most appreciated, thank you all for your assistance. 

 

CR. 

[AndyOrch]

Hi there.

 

You really need to have a starting point on the debt and also consider if they have made any previous offers to settle. The full debt amount less any payments made and what you think is a true reflection of what's still outstanding. Ask in mediation what they are prepared to accept as Full Final Settlement or prepared to drop the court fees for issuing the claim.

 

You will soon get a feel of how far they are prepared to go or whether they will not budge which in that case you may wish to consider proposing a Tomlin Order with an affordable monthly payment plan.

 

Come back and let us know how you have got on.

 

Andy

[CornishRose]

Mediation Update. 

 

Sadly the other side would not accept my payment plan without a judgement without the security of a judgement.

 

So its off to court we go and its almost a given now I will get a CCJ. 

[AndyOrch]

Goes in your favour if they refuse to mediate .....if you accepted the full amount (assuming as you dont say if you did )and offered to pay monthly, they don't need a judgment to secure the agreement a Consent Order does that without the need for judgment.

 

What did mediation say with regards to their refusal ?

[CornishRose]

They didn't refuse to mediate, only refused my offer of payment.  

 

I asked them to take off their fees etc and accept payment towards the original amount owed, I only could offer a token payment as I am not working atm. 

 

They refused that offer, and wanted the judgement secured.

 

I asked about a Tomlin order and she said what they were doing now was legally binding, and if we had agreed on a payment plan,  and was more or less the same, In that if I failed to pay, it would go straight back to the Court.

 

The Mediator gave options/suggestions, but all required me accepting a CCJ. 

They said I could always contact their solicitor direct to discuss and make an offer.