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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need answers about general form of judgement or order,is

Resolved Question:

I need answers about general form of judgement or order,is £38 a deposit or the whole payment?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help with this.
Alex Watts : Its a one off payment.
Alex Watts : What would you like to know about this please?
Customer: I was referring to your charge of £38 not the court. The problem I have is I am being taken to court for a general form of judgement or order by restons solicitors on behalf of ME ltd(a credit card company) for apprx £19000, they said they would make a suspended order of sale on my house instead of an order of sale as I have come to an arrangement of £100 per month.What I need to know is can they change this if I do not turn up to court or do they have to honour their suspended order of sale. Do I have to go to court? Can they change anything or can a judge?
Customer: I need this info urgently as I am away until the day of the court so need to get something in place today if I need legal representation.Can I get a reply ASAP?
Alex Watts : So you want the £100 a month? Did they said they would make a suspended order on this basis?
Alex Watts : Are they agreeing to suspend on the basis of £100 a month is that what you are saying?
Alex Watts : Have they written you to confirm this ?
Customer: They said they would make a suspended order due to me paying £100 a month ,yes.Im quite happy to pay £100 a month
Alex Watts : Did they confirm this in writing?
Customer: I have written confirmation of the agreement of £100 a month but it does not state they will suspend the order.I have only had this verbally from two different members of Restons but not in writing.Should I ask them to send it in writing?
Alex Watts : yes get this in writing.
Alex Watts : Personally I would attend the hearing and make sure you get the order, it will only be short, 15 min or so.
Customer: How does this effect the court situation ,are you saying that if I don't get this in writing they can chance what the court hearing is for?
Alex Watts : If you get it in writing and don't want to attend write to the court, say you have come go an agreement, enclose a copy of it in writing and ask that your attendance be excused
Alex Watts : But that is what I would do.
Alex Watts : Either attend or send the confirmation of agreement in writing to the court
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts : it is possible.
Alex Watts : That is why you MUST MUST MUST get it in writing
Alex Watts : Does that help?
Customer: Iwhat if they refuse?
Alex Watts : then you need to go to court and set out your position to the judge. Say you came to a verbal agreement
Alex Watts : The judge will either adjourn or make an order of some sort
Customer: Could the worst case scenario be that they don't even go for a order of sale and let me settle the bill but make the sale of the house go through to prove a point as it were? I have two small children,would the judge take this into account?
Alex Watts : Can I clarify anything else?
Alex Watts : No.
Alex Watts : it makes no real difference, if you owe the debt and there is equity the judge can grant the ordrt.
Alex Watts : He may give you some time to pay it, but that's it.
Alex Watts : So you must get it in writing
Alex Watts : Can I clarify anything else?
Customer: So the £38 was a one off fee + even though you have my card details you won't take anymore money or I am not signed up to a month subscription or trial of any sort?
Alex Watts : It's a one off fee yes
Customer: Ok thanks
Alex Watts : If this answers your question might I invite you to rate my answer today
Customer: Sure
Alex Watts : If the system won't let you or you need more help please click reply.
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