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The bank sent to the court a letter dated 27th Feb with the consent order.
In it they stated the following.
"The parties seek a stay of proceedings in order to allow the defendents further time to seek legal advice and advice in relation to their financial circumstances.It also remains likely that an application will need to be made by the claiment to amend the particulars of claim to include addittional accounts secured by the legal charge which forms the basis of the current proceedings. Further time is required by the claiment to collate the documentation which is relevant to these accounts prior to making the relevant application to the court.However such an application may become unnecessary should the parties reach a repayment arrangement during the stay period."
Based on the above and your most recent answer do we still need to put in defence forms being there is no hearing date at this point.
What would be our position if we were to make a " Without Predjudice" offer to the bank.
Whilst I'm aware this is not a perfect science would we have expected by now the claiments to have applied to the court for an ammended claim or is it normal to wait until the stay date has expired.?
Finally I would just like to confirm to you that this is a possession hearing.
Thanks but because the case was adjourned we have never yet put in a defence, Even if we do try to reach a settlement do we need to file a defence form?
If we were to decide to make the bank an offer of their original claim as a full and final settlement of all debts , are we;
1) leaving ourselves exposed should we need to defend a possible amended claim later.
2) What do you think our pro's and con's are of making our offer with or without predjudice.
3)To leave us some possible room to defend a case later should we have to ,we are thinking of making our offer in a very consilatory tone. We thought however wewould suggest to the bank that whilst we still believe there have been some errors by the bank and substantial information yet to be provided by them we want to bring this matter to a close.Our health issues are poor ,in particular my wife who suffers from emphysema and has had a number of serious attacks over the recent weeks.
What do you think of this strategy and could you please at least just give me an example paragraph to include.
Sorry I have not been back to you. We have been considering your replys.
I hope you will not be upset if I suggest that I think you have been a bit brief with some of your responsesthis time. Whilst I understand you try to be precise and to the point we need a bit more clarification please this is so very important to us.
You said we should send our offer Without Predjudice , why?
We ask that If we were to make an offer on their original claim would we be exposing ourselves to future claims.?
You said "we should not accept liability " this I understand, but will this mean that should the bank accept our offer on their original claim.
They cannot then proceed with their claim for the amended higher amount.?
Alternatively should they reject our offer can they benefit in anyway from us making an offer.