Consent Order to Amend Defence

[pidg2003]

I have asked the creditors solicitors to agree to me amending my defence by way of a consent order. They have replied saying they want to see my amended defence first before agreeing to allow me to amend. Sounds a bit cheeky to me. So is this proper procedure or are they trying it on and what should I do next, apply direct to the court or give them another chance?? Thanks in advance.

[PlanB]

Re: Consent Order to Amend Defence

Here is our guide on amending defences (see link below). There's nothing in it which says you have to show it to the other side first. If they don't agree by consent then you have no option but to make a court application for which they may be liable for your costs if they have refused consent unreasonably. Make sure you make your request to the creditor in writing, and make sure they put their refusal (if they do refuse) in writing. Give them a cut-off point (day/date/time) to deal with your request which tells them if they don't agree you will apply to the court for which there will be costs consequences.

http://forums.all-about-debt.co.uk/s...l=1#post254017

What is the reason you want to amend your defence and what stage have you reached in these proceedings because we may be able you to help in other ways too

[pidg2003]

Re: Consent Order to Amend Defence

Hi,

Thanks for that.

I'll write back giving them seven days to comply or I will apply to the court citing their refusal to cooperate and ask for costs. I have everything in writing.

My original defence was based on the fact they sent me no information. I had sent a CCA request and also a CPR31.14 request asking for credit agreement and all the documents mentioned in their particulars of claim. They sent me nothing until they changed their solicitors a couple of months later who then sent me all the documents.

I have been negotiating with them to try and agree a payment plan and filled in an I&E form which gave me a figure to offer. I offered that and sent a cheque for the first amount which they returned and they said they wanted £50 a month more than the quoted figure and sent me a Tomlin Order to sign with their figure. All this was done under "without prejudice". I couldn't afford the amount they wanted so didn't sign anything and so we are now heading towards court mediation with a court hearing set for April.

The only payment plan I had agreed with them ended in July 2012 and was supposed to be reviewed then but never was. I have a letter stating that I would need to make these 6 payments until July 2012 and the dates stated and the fact a review would be held. I carried on paying this amount until May 2013 when I missed a month and on June 6th they went through the Northampton CCBC route.

[PlanB]

Re: Consent Order to Amend Defence

My original defence was based on the fact they sent me no information. I had sent a CCA request and also a CPR31.14 request asking for credit agreement and all the documents mentioned in their particulars of claim. They sent me nothing until they changed their solicitors a couple of months later who then sent me all the documents.

Why don't you send Niddy those documents which the solicitor sent you to check whether the credit agreement is enforceable. That would be a good start

Who is the creditor, when was the account opened (credit card, loan or overdraft), how much is the claim, and who are the solicitors? Tell us that and we'll take it from there.

[Never-In-Doubt]

Re: Consent Order to Amend Defence

Hi

I can refer this over to our solicitor but first you need to answer what planB asked above, ie what type of debt (loan?) how much is the claim, have you completed AoS, if so saying what (admit/defence); when was the claim served, have you done a s.77/78 request etc etc

Then we'll be able to assist better.

[pidg2003]

Re: Consent Order to Amend Defence

I sent them to Niddy this morning .

It's Black Horse, a loan from August 2008, the original solicitors were Ascent and it is now SCM and the claim is for £4254.75 inc court costs. Yes did AOS and denied the claim saying I had received no information from them so couldn't file a proper defence. The claim was served June 2013. They changed their solicitor to SCM at the end of July 2013 and sent me the documents I asked for including the CCA in November 2013.

[Never-In-Doubt]

Re: Consent Order to Amend Defence

A consumer loan or finance agreement for a vehicle/furniture/glazing etc??

[PlanB]

Re: Consent Order to Amend Defence

I had sent a CCA request and also a CPR31.14 request asking for credit agreement and all the documents mentioned in their particulars of claim. They sent me nothing until they changed their solicitors a couple of months later who then sent me all the documents.

I hope you've kept a copy of the s.78 CCA request you sent and proof of posting

If the creditor replied to your CCA request did you keep their letters which may have indicated they hadn't got the original credit agreement since they failed to produce it? Even if the solicitors subsequently sent you documents they may be poor recons so they're not necessarily home and dry yet. If you've got old statements in your files you'll be able to cross-check whether the documents sent by the solicitor are 'honest and accurate'.

EDIT: just seen post saying agreement is post April 2007

[pidg2003]

Re: Consent Order to Amend Defence

Finance agreement for a car.

[PlanB]

Re: Consent Order to Amend Defence

Finance agreement for a car.

Did you take out PPI with the loan?

[pidg2003]

Re: Consent Order to Amend Defence

I hope you've kept a copy of the s.78 CCA request you sent and proof of posting

If the creditor replied to your CCA request did you keep their letters which may have indicated they hadn't got the original credit agreement since they failed to produce it? Even if the solicitors subsequently sent you documents they may be poor recons so they're not necessarily home and dry yet. If you've got old statements in your files you'll be able to cross-check whether the documents sent by the solicitor are 'honest and accurate'.

Yes I have the original request and proof of posting. The document they finally sent does appear to be a copy of the genuine one and has my signature.

[pidg2003]

Re: Consent Order to Amend Defence

Did you take out PPI with the loan?

Yes but I cancelled it soon after as I was self employed and all the stuff in the press showed I wasn't eligible. They repaid my PPI payments,

[PlanB]

Re: Consent Order to Amend Defence

I have been negotiating with them to try and agree a payment plan and filled in an I&E form which gave me a figure to offer. I offered that and sent a cheque for the first amount which they returned and they said they wanted £50 a month more than the quoted figure and sent me a Tomlin Order to sign with their figure. All this was done under "without prejudice". I couldn't afford the amount they wanted so didn't sign anything and so we are now heading towards court mediation with a court hearing set for April.

Was the payment plan to pay off the whole amount (£4k+) or a reduced amount by instalments? If you have to settle with a Tomlin Order this means you won't get a CCJ recorded on your credit file.

What is the court hearing listed for April?

Sorry for so many questions but the more you tell us the better we'll be able to make suggestions on how to handle this situation

[pidg2003]

Re: Consent Order to Amend Defence

Was the payment plan to pay off the whole amount (£4k+) or a reduced amount by instalments? If you have to settle with a Tomlin Order this means you won't get a CCJ recorded on your credit file.

What is the court hearing listed for April?

Sorry for so many questions but the more you tell us the better we'll be able to make suggestions on how to handle this situation

The payment plan was for 6 months at £50 so to just pay off a part of it. Then a review would be held to see if my circumstances had improved as the reason I defaulted was to be taken rather ill with a nasty liver infection which nearly finished me off. The review was never held so I voluntarily carried on paying £50 a month until May 2013 when I had a relapse and was ill again. They never requested that I went back to full payments and never queried the ongoing £50 payments.

Don't worry about the questions I'm just grateful for your help.

The court hearing in April is their application for a CCJ. I am happy to go down the Tomlin Order route but they wanted an amount I couldn't afford so felt I would be daft agreeing to that as it would just cause problems further down the line. I have agreed to the Judges directions for mediation and they have ticked the box in a form before so that is where we are at.