Pookies UE Diary

[pooksthebear]

Re: Pookies UE Diary

The Civil Procedure Rules would demand that they send another letter, yes, but of course they are not always followed.

You would, or at least should, have an opportunity to up your offer, but whether you should or not is another matter entirely.

I agree it would be a good idea to carry out an I&E assessment purely for your own benefit, so that you can see what a court would be likely to accept. You could always voluntarily give this information to the creditor at a later stage, if it suited your purposes to do so.

SH

Thank you again SH,

I am going to do the I and E now for my own peace of mind.. then sit back and wait to see what their next move on the chess board will be!

Wobble over.. thanks for the support

Pooks

[pooksthebear]

Re: Pookies UE Diary

A very good suggestion Jane and I think you ought to take notice of what TTC says...you've tried your best to offer them what you can afford.

And pooks...please stop wobbling...a wobbling bear is not a pretty sight!

Pixie x

Hahahaha.. oh that did make me chuckle .. I think my wobbling is over for the time being... happens occasionally.. I will go back to my den for a bit to sharpen my claws ready for the fight ahead x

[pooksthebear]

Re: Pookies UE Diary

Pooks have you done the I&E sheets that Elsa uses yet? I am pretty sure there is a link to them in my SD thread, I did them for my own peace of mind when I was waiting for an answer on a F&F offer I made - I believe they are the levels the court would accept and I was very comforted by what the monthly amount came out that I could afford. Not that you would have to share them with anyone but it might put your mind at rest as to what a Judge would be likely to accept.

Jane x

Hi Jane, no I havent seen those but I shall have a look now.. thank you x

[ScabHunter]

Re: Pookies UE Diary

I presume they would have to send me another letter before action if they were going to take me to court? If it came to that, would I have a chance (at that point) to up my offer to a higher monthly amount in order to avoid court?

Pooks

The Civil Procedure Rules would demand that they send another letter, yes, but of course they are not always followed.

You would, or at least should, have an opportunity to up your offer, but whether you should or not is another matter entirely.

I agree it would be a good idea to carry out an I&E assessment purely for your own benefit, so that you can see what a court would be likely to accept. You could always voluntarily give this information to the creditor at a later stage, if it suited your purposes to do so.

SH

[Pixie]

Re: Pookies UE Diary

A very good suggestion Jane and I think you ought to take notice of what TTC says...you've tried your best to offer them what you can afford.

And pooks...please stop wobbling...a wobbling bear is not a pretty sight!

Pixie x

[tastyjane]

Re: Pookies UE Diary

Pooks have you done the I&E sheets that Elsa uses yet? I am pretty sure there is a link to them in my SD thread, I did them for my own peace of mind when I was waiting for an answer on a F&F offer I made - I believe they are the levels the court would accept and I was very comforted by what the monthly amount came out that I could afford. Not that you would have to share them with anyone but it might put your mind at rest as to what a Judge would be likely to accept.

Jane x

[pooksthebear]

Re: Pookies UE Diary

Nobody can ever give guarantees as to how any organisation will behave, especially not one as corrupt and dishonest as this one. All you can do is the best that you can.

However, look at the facts. They sent a Letter Before Action. You replied to it, and the creditor immediately started an investigation and did not proceed to court. That is a positive sign that they are on the back foot. The solicitors are also faking letters, which is a desperate play by anyone's standards.

I don't believe that they will litigate while they have stated that they are carrying out an investigation. I could be wrong. I am not God, and I do not have any psychic powers.

What are your personal circumstances? Would the court award payments of more than £5 a month if they gained a judgment? If not, the claimant would be taking a huge risk, and throwing money down the toilet, just to achieve nothing more than they could achieve by simply accepting your offer.

I think they are just attempting to bully you into paying more than you can afford.

SH

Thanks SH

Well my circumstances are worse than they were when I was paying them £5.79 through the debt management plan as I was then receiving child tax credit and child benefit which i no longer am as my son is now at university. I have had a pay freeze for the past 4 years and my outgoings have not gone down much.. only in compensation of my son going to uni.. but i am helping him out (which they wont care about) and also because I am no longer paying out £100 a month to my debts. I am not sure what a court would offer them per month but I think the debt management company i was with did help a lot on that score with keeping the repayments low.

I presume they would have to send me another letter before action if they were going to take me to court? If it came to that, would I have a chance (at that point) to up my offer to a higher monthly amount in order to avoid court?

Pooks

[The Tech Clerk]

Re: Pookies UE Diary

Would look pretty glum for them if the evidence of offers ect was produced in court to my mind!

[ScabHunter]

Re: Pookies UE Diary

Nobody can ever give guarantees as to how any organisation will behave, especially not one as corrupt and dishonest as this one. All you can do is the best that you can.

However, look at the facts. They sent a Letter Before Action. You replied to it, and the creditor immediately started an investigation and did not proceed to court. That is a positive sign that they are on the back foot. The solicitors are also faking letters, which is a desperate play by anyone's standards.

I don't believe that they will litigate while they have stated that they are carrying out an investigation. I could be wrong. I am not God, and I do not have any psychic powers.

What are your personal circumstances? Would the court award payments of more than £5 a month if they gained a judgment? If not, the claimant would be taking a huge risk, and throwing money down the toilet, just to achieve nothing more than they could achieve by simply accepting your offer.

I think they are just attempting to bully you into paying more than you can afford.

SH

[tastyjane]

Re: Pookies UE Diary

Aww Pooks, I don't know the answers, not clever enough for that, but I am sure someone will be along in a bit who does, but didn't want you wobbling on your own Been there done that and it will pass.

Jane x

[pooksthebear]

Re: Pookies UE Diary

Hiya.. I am having a bit of a wobble....

I am worrying that MCL take me to court because the £500 I have offered in full and final is unacceptable to them and they also reject the £5.79 a month payment. They may say that those are not reasonable offers. Would it get that far? I know if it got to court i could produce evidence i have tried to resolve things but i really cant face court.. i cant afford to start paying court costs and i really dont want a ccj against my name as my credit file is clear next year. If they are not happy with the amounts offered are they likely to come back with a counter offer before it got that far? Am I panicking over nothing?

Thanks ... Pooks

[pooksthebear]

Re: Pookies UE Diary

Everyone..

I just wanted to say a big Thank You to you all for all the fantastic help and advice you give out, giving up your time to help whenever you are asked is very kind. I thank my lucky stars that I found this site.

Pooks.. the grateful bear

[pooksthebear]

Re: Pookies UE Diary

It is not necessary, as they will be in contact with each other anyway. If this did end up in a court room, you would be able to prove that you responded directly to the sender of the letter, which is all that matters.

Faking those letters was an idiotic thing to do, because it will not help their cause should this go to court. Now, they have two choices, they either admit the deceit, or lie again and watch a complaint go to the SRA. I can't see that either scenario helps their case.

As for Marlin, they have already been rocked onto the back foot by the formal complaint, and the possibility of a mediation fee which will wipe out any benefit they could gain by pursuing the alleged debt. These are incredibly nasty and deceitful organisations to deal with, but sometimes that can be turned round to work against them.

I know you are a worrier, Pooks, but I think you are handing it extremely well so far.

SH

Thanks SH, I am indeed a worrier and lines like this We confirm that we will not issue court proceedings without giving you at least 14 notice of our intention to do so. dont help me to sleep at night! Lets hope they stay on the back foot and we can come to a decent settlement/arrangement without the need for men in wigs

[ScabHunter]

Re: Pookies UE Diary

Should I send a copy to Marlin too?

It is not necessary, as they will be in contact with each other anyway. If this did end up in a court room, you would be able to prove that you responded directly to the sender of the letter, which is all that matters.

Faking those letters was an idiotic thing to do, because it will not help their cause should this go to court. Now, they have two choices, they either admit the deceit, or lie again and watch a complaint go to the SRA. I can't see that either scenario helps their case.

As for Marlin, they have already been rocked onto the back foot by the formal complaint, and the possibility of a mediation fee which will wipe out any benefit they could gain by pursuing the alleged debt. These are incredibly nasty and deceitful organisations to deal with, but sometimes that can be turned round to work against them.

I know you are a worrier, Pooks, but I think you are handing it extremely well so far.

SH

[pooksthebear]

Re: Pookies UE Diary

Received a seven days notice recently from a Solicitor (DCA) the letter arrived 10 days after date on letter

Laughable TC isnt it!

I have just noticed that MCL are using the wrong postcode for me .. the very last letter is wrong. I have put my CORRECT post code on every letter I have sent to them. Marlin have the right postcode. It makes me wonder if these clowns are deliberately trying to misdirect the post.. sorry that was a silly thing to say.. these are solicitors we are talking about and they will do everything by the book.. wont they