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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex Thanks again recent help However due to the

Customer Question

Hi Alex
Thanks again for you recent help
However due to the fact that I made an error in the information I gave you I need your help again.
I advised you there was a hearing booked for June 9th. I now know there never was a hearing .What we received was an order for a Stay to exoire on 9th June. Conditions attached are " That within seven days the parties will inform the court that the claim has been settled or seek further directions."
My previous information will remind you that Nat West are now proposing introducing a new debt for substantially more money.
Therefore my questions are ;
When the bank requested an adjournment which of course required our consent , were they doing it because the needed more time.
because they want to be seen to be the good guys or because it stopped us putting in our defence which as you advised would have prevented them increasing their original claim.
What is the likely course of events and the main question is what do I now have to do .Try to reach a settlement, put in a defence, although at this point we have not received any amended Claim paperwork or Particulars of Claim.
Phil Secunda
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello and thanks for asking for me.
They will still need permission to amend the claim. So if its not been amended it stays as it was pleaded before the Court.
So you have to assume its the amount claimed.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

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.

Many thanks


Expert:  Ash replied 2 years ago.
Yes. They make reference to making an application to amend. This hasnt been done so don't worry. The claim is as originally pleaded
You dont need to file any additional documents unless ordered to by the Court. Yes i would have thought C would have applied to amend already.
Does that help?
Customer: replied 2 years ago.

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?

Expert:  Ash replied 2 years ago.
No because the court will give directions.
Customer: replied 2 years ago.

Evening Alex,

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.

Many thanks.

Expert:  Ash replied 2 years ago.
You just need to make an offer without prejudice and without admission of liability.
Expert:  Ash replied 2 years ago.
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Customer: replied 2 years ago.

Hi Alex,

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.

Many thanks

Expert:  Ash replied 2 years ago.
Without prejudice so they can't use it in court.
The bank may accept the offer yes or they may not. They can't claim a higher amount unless they apply to the court and Amend.
They can reject your offer, they can accept or decline.
Does that help?