McDonnell vs Egg Tomlin agreement?????

[gloscat]

Can any one help with this. I received a letter from Eggs solicitors Eversheds, agreeing to refund my charges but with the usual legal jargon. They believe charges were fair, no admission of liability etc.

They are requesting i sign a TOMLIN ORDER. I am concerned about this as i feel they are trying to con me.

It states

In the Northampton court


Melissa McDonnell and Egg Banking Plc

Tomlin Order

Upon the parties having agreed terms of sttlement set forth in the schedule attatched hereto.

BY CONSENT

it is ordered that:

1. All further proceedings in this action be stayed exept for the purpose of carrying such terms into effect.

2. Permission to apply to carry such terms into effect.

3. There be no order as to costs of this application or in the case


The attatched schedule is stating they will refund the money but it is not on headed paper, basically i could have typed it myself.
I am concerned that as it does not state clearly in the tomlin order the refund or amount they are conning me. I have a couple more days to accept or they will withdraw the offer. What should i do? Should i write on the tomlin order stating i have only signed on the basis the refund the total amount or leave it to go to court?

[millymollymoo]

The attached schedule outlining the agreement should clearly state the refund amount in words and figures. If it does not do that then what are you agreeing? By the way it will be on blank paper{the attachment with the schedule of order.} Also it should say when the payment will be made. i.e within 7 days.

Ring them and allay your worries.

milly XXX

[gloscat]

Thanks Milly.
The attatched schedule does state the amount and when they will pay. I was just a bit concerned and confused as i thought they were conning me. The schedule being on non headed paper made me suspicious. You have reassured me now.

regards
Melissa

[tfb]

hi i have just agreed to a tomlin order where i had to return several items and pay a amount of money ,both of which i have done ,after delivering the items i got a phone call 90 minutes later saying some of the items i delivered were not the originals which is absurd ,when i delivered the items he signed a delivery note for them and wrote goods unchecked ,he had plenty of time to check them , my concerns are that he had plenty of time to substitute the items and then say they are different how do i stand with this ,his solicitors have banked the payment and cleared it ,so as far as im concerned i delivered the amount of items on the order and payed the amount of costs so what can be done against me now ?

[tfb]

anyone have any ideas on the above post ? what is my position ?

[Mistermind]

If the complainant is serious he would have followed up his phone conversation in writing. If 14 days later he has not done so then he probably jumped the gun and made a mistake. Unless he confirms in writing there is no case for you to answer and no reason to anticipate trouble. It will not go down at all well in law, if he casually claimed a discrepancy by phone but never followed it up in writing.

If you want to set your mind at rest, writing to them for clarification and closure can do no harm.

Best wishes.

[tfb]

thanks for you responce , i had notification from his solicitor 9 days after delivery saying i have not delivered the correct items when i know i have but how can i prove i did or he prove i didnt ,he had ample time to check them on delivery but did not at his own choice ,he now claims the items that have been delivered are not the same ones and that what he originally delivered were brand new top of the range items im of the opinion he is trying to profit from the case ,saying things were the best in a hope that i would have to buy new parts at my expence

[Mistermind]

This is getting technical and precise even as your postings remain generic. This appears to be a compliance dispute, not over non-delivery but over the content of delivery, unclear as to what exactly the Tomlin order specified. Hard to comment when even the nature of the disputed discrepancy is not described. Do you have any photocopy or photo of what was delivered?

There will be other threads in Forums other than Egg on disputes arising from delivery. Suggest you click on the top blue bar

SEARCH->ADVANCED SEARCH-> set keyword to delivery or delivered-> seach for thread title only, if insufficient then search entire threads. You will have much better response than in this forum. You could also search for Tomlin in the title. Whatever problem anybody has, it seems somebody else has been there.

Good luck.

[tfb]

sorry will try to explain ,i took delivery of 4 car driveshafts wrapped up in plastic bags .i never opened the bags or checked what their condition was ,the tomlin order said to deliver back 4 driveshafts which i did they were the same 4 driveshafts in their bags as originally delivered ,when i delivered them i asked him to check them but he said no need and put them in his van and then signed the delivery note and also put unchecked , he then rings 1.5 hours later saying the shafts were old used ones and not brand new special ones that cost a lot off money each ,i disputed the fact with him and told him i had never opened the bags and took him back what he delivered to me , he says he has photos of the drive shafts but he has never supplied me with copys ,if he would have checked them in front of me then there would not be a problem as i would have said there and then again what you got back was what was delivered to me by yourself ,where do i stand

[Mistermind]

You appear to have done business with Arfur Daley and he appears to be trying his luck. It would certainly be a pointer in your favour that he refused an offer to check the goods upon delivery.

I can only reiterate you will get much better info and trained legal opinion in another room easily located by a keyword search. This quiet Egg Forum is only read by persons seeking refund of unlawful credit card penalty charges.