hiya gforce2k

andy has referred me to your thread as im looking at a tomlin order from one of my creditors m and s money so i will take time out to read your thread in a bit and hope to gain some useful info and well done looks like you got the result you wanted, i hope i do too

laters angel x

yes thank you andy have found the thread and i will read that firstly and understand that more now and then, i update my thread so am i quickly understanding that this tomlin order is not admitting the debt but to get an agreement that both parties are happy with and then its either a full and final one off payment as settlement or a monthly payment settlement for say an agreed amount and an agreed set of months?

just scanning through that thread but i wish to read it from the start to the end

cheers angel x

will be back later late lunch beckons lol

hiya andy

thank you for being so quick

the letter at the moment talks about a tomlin order and what it is, ansd they are asking me to respond by next week if i wish to enter into repayment negotiations or if i intend to continue with my defence or in the absence of a responce they will apply to seek an order to strike out my defence and request to enter judgement against me for the full amount and once judgement been awarded may take enforcement action against my assets to obtain payment,

also they state in view of the time that this case has protracted for the client is willing to conclude this matter without further incurreence of unnecessary costs and we are prepared to enter into a repayment arrangement whereby the sum outstanding would be payable by monthly installments also the client is agreeable to consider a settlement offer in order to bring this case to a conclusion.

the terms of the agreement would be contained in the Tomlin Order which if you are happy with the content needs to be signed and returned, which then the same would be sent to the court for their file and we would provide you with a sealed copy of the order on receipt.

--- parts above from the letter does that now make more sense, sorry i was going to try and scan up the letter if that helps you more later

so maybe like you have said if i can negotiate 10% to end this sorry mess would be a good start but how likely is that if the debt is over 6k?

cheers angel x

yes CB i am thank you and thank you for sending the sos to andy - im off to have a bit of lunch hadnt realised the time, and if i need to scan the full letter i can do that but ive put in the best bits of the letter on my earlier posts, hope thats okay to get the gist of it im sure you all understand it where im at and what im asking for assistance on

laters angel x:-)

hahah of course CB thats fine we have waited so long a few more days wont harm and even if i have to write or fax them i could do that next week, the advice from andy may even be go for the strike out myself and that i dont have to inform them of that - not sure the legal aspect of that but hey i will work with is best for me, if i have to write to them, i can fax them on the day i get a reply from andy which is no prob at all,

again im sorry its taken this long for me to get better but im ready to face it all as ive learnt from my illness, we are on this planet for a short while and we must do our best to live correctly and not worry about stuff that is going to not kill us like this court case, i remain always positive for a fair outcome and i will heed the advice given of course.

have a fun day laters angel x

hellooooooooooooo CB..wow thank you for being so quick

thank you would appreciate that,,,, that is my main worry too, ive done what you wonderful people have said and its worked that im not yet in court and im really not sure whether the threat of court is their last ditch at this knowing that ive challenged them before now ,,,,can i stop this now from going anyfurther as it s now a fair few years from contact with them

i will see what andy says now as yes i too would like to see what their reply to the delay although they graciously apologise awnd that my position by the stay has not been prejudiced in any way,,,,, and whilst they also would like to conclude this they would consider a settlement offer from me too,,

well now rereading the whole letter it certainly makes out it give me options but not mentioned the outstanding credit card agreement in anyway,,,

i will look in again in a bit lovely to hear from you so soon thank you again cheers angel x

hiya cleo

long time i know very sorry hope you are ok, catch up soon hey have updated my ms thread if you come online happy easter and catch up soon send us a msge and im intending to log in daily now cheers angel x

hiya all those interested in my thread need a bit of help again now please

http://www.consumeractiongroup.co.uk/forum/legal-issues/214191-hsbc-solicitors-northampton-claim.html

have updated now please have a read and give us your views cheers angel x

hello everyone who has taken a huge interest in this thread of mine

happy easter and wishing you all a peaceful rest of the year

well, im so much better, i have been away a long time and only just recently found the strenght to relook at stuff again im sorry for my absence and ive missed the site and you lovely people so much

well having read back on this thread now and seeing when all this happened i was thinking of doing a strike out last week as id not heard for such a long time but my gosh this week ive had a letter with regards to me agreeing to a Tomlin Order and headed as ' without prejudice save to costs'

and thus asking for family income and expenses and client prepared to accept an offer of payment etc

will be back in about 20 mins just taking dd to town cheers angel ---Am Back...

They also advised that should i intend to continue with my defence or if i dont reply by end of next week they will apply to seek an order to strike out my defence and request to enter judgement for the full amount plus the additional costs forthwith and once judgement obtained take action against my assets to get payment. They add that this clarifies their clients position and await my responce by the date given.

Thus my questions -

1. Yes reflecting back i should have already gone for a strike out myself before now since so much time elapsed but what are my options now?

2. Still no other information from them only what i have previously received and which you all have said its an application form not a proper cca. Therefore are they enticing me into the tomlin order to end this case and get something positive?

3. Do I reply today with my again request for the cca as per my cpr request and to what date do i allow them to give me that info the same date as theirs or the day before, there are not too many days now left.

4 Or do i just go for a strike out request myself today ? or have they stopped me doing that now since they sent this letter?

5. since it didnt arrive signed for just by normal mail, can i ignore it for today or am i causing myself more harm in doing so ?

6. My gut feeling is i need to do something but im not sure what is the best thing now, can i stop the court action by them or is too late now and is the strike out request my only option to stop the action now or have i any alternatives?

Thank you if you can let me know your thoughts i would be really grateful and im back on a regular daily input from now on

catch up later cheers angel x

hiya converse

i too have had this company suddenly spring me letters lately, im wondering if you have had any reply yet to your cca request and did you send it signed for delivery or how pls cheers angel x

tha you caro for the link appreciated

also everyone

my update on this sorry state of affairs,

is that i went to cab and they helped with my budget sheet properly as id panicked at the court case my budget to pay this debt was not done correctly by me as id missed off stuff,

the amount is low which in reflection is what is really left over once ive paid for things i do need, car for my job, bills and food expenses,

i understand from cab and the court when i handed in my form that this would go to the creditor and they had a couple of weeks, if they dont accept then it goes back to my local court for a court official to look at it and decide if its appropriate and rubber stamp it,

i really do hope they do at least for a few months i would have peace of mind and then i can get my friend to clear it as fast as poss

- just a shame i have the ccj for the next 6 yrs even though i could eventually i hope get it showing satisfied

what i nightmare hope others learn from this experience of mine and also have stopped the bailiffs coming to the house until the decision is made

- will work on the charges back this weekend and will update you if i hear anythings on this situation cheers for your help and not forgotten about a money donation angel x

yes caro thank you

i know there is a thread ive saved sometime ago about calculcating it all, but if there is a simple one that even i can understand would appreciate a link - LOL my brain is sore at the moment cheers angel x

thank you bigdebtor and caro

charges refund looking at the figures will not dramatically reduce the amount due but will do just to reduce it by the figure nevertheless ,

thanks again for your points of view highly appreciated as always

cheers angel x

cheers caro

angel have a fab day all

You need to claim the charges back from the original creditor and tell them you want it in the form of a cheque or payment into your bank account if that's what you want.

hiya caro, i see and thats after ive got the payment amount in place with the ccj creditor>?

cheers angel x

hello Cadbury and Bigdebtor

you have both confirmed my thoughts and eased my worries, thank you so much, and yes the charging order will only be a restriction i got that from national debtline when i rang them before xmas, so whilst i understood it - i feel i can now relate to it more from your own experiences, so yes, i guess its just a security for the funds excercise from the creditor,,,

i will let you know when i hear from the court if its accepted or if i have to attend an hearing,

again thanks to everyone who has given me my dignity back with your huge help and including everyone who has responded to me on this particular worry - may i be in a position one day to help you all in a different way and next pay day will be sending in another donation to the site

have a fun day will catch up with you all over the weekend, and yes i will work out the charges, albeit i dont think it s a huge amount but even a couple of hundred is better then nothing and that would be to this creditor who holds the ccj? and not the original creditor?

cheers angel x

hiya caro

yes its a cc debt , thus if you say i can claim those charges and poss interest maybe??

should i first make my offer of payment?

then do a seperate request for the cc charges and poss interest amount?

does it make any difference the ccj is in place now or can i do the claim for the cc charges as a seperate issue?

just want to process this in the swifest manner and right way please

like cadbury has highlighted too, guess the offer is first

cheers angel x

REFLECTION - this afternoon i m thinking more of sending in a n245 with my income and expenditure form for the court to let creditor know and if it is rejected then for the court to ascertain the amount on a monthly basis of what i can afford. this may be more beneficial for me then waiting on a charging order claim from them even if i offer them something in writing which they may or may not accept, as its a forthwith ccj my gut feeling is to get an installment agreed legally by the court not by me waiting on the creditor to agree or disagree with me

i hope you think im thinking straight, but feel free to let me know if im doing it backwards and not in my best interests this way cheers angel x

hiya Cadbury

many thanks for your help and info, so yes will make the offer, and if they do not accept is it then i do the n244 request to the court for the judge to decide the amount, would that be before they go for the charging order? and i guess need to do this sharply wont I?

and yes ive read up a bit on charging orders, understand like you have said, so it just sits there until you clear the debt or if you sell the house then the remaining amount is paid?

have i understood that right, ?

cheers angel x

hiya guys

sorry for my delay,

didnt go well - judge agreed id tried to do all but as id not put in my defence at the time even though my efforts were done the ccj was still awarded by the court processes at northampton.

ie my fax was of no real evidence and i believe if i had sent in a n244 court request to supply the info before the time of defence it may have been more successful for a set aside,

but as i now have had the paperwork which proves everything, i have no dispute and thus he couldnt set aside as any future court case would go against me and would cost me more in the long run and would go to fast track and so if i could agree an amount which i presented to the judge -

he advised me that i should inform the creditor and get a payment plan in place,

their sols but of course advised me that if the claimants dont agree then they would look at a charging order to secure the funds

i advised if that happens then i would have to look at my other creditors and they could object and my other half certainly would as the debt is in my sole name and nothing to do with them

i think it was a bit of scare tactic so i may look at agreeing in paying the full amount of 300 pounds a month

i need to send a letter i guess in putting my request in for their consideration if they fail to accept then i guess i will need to come back and ask for some assistance please

However, how do i ask for the charges back or is that a lost cause now???

what are your thoughts, like i said earlier, i have learnt a lot and maybe now on this one has to be damage limitation and pay something each month without the charging order hanging over me

im online for a while cheers angel x really sorry it wasnt good news but hey ive learnt a hell of a lot from it and that is important too

hiya all

will be back to read this thread in full as i will need to be prepared for the near future x angel

thank you caro and bigdebtor

i understand more clearly now what you are both saying and yes i will stand my ground on this, why i was concerned back of my mind was that i dont want a charging order on the house if the judge deems my proposal of a my payment too low, surely if i default on what is confirmed as my payment offer and then i default on it i would expect a charging order claim from the claimant, but i continue to pay what the judge orders then surely im safe?

also can i ask for any bank charges to be taken off the amount being requested to be paid? and im guessing i will end up with their costs now too being added but i was worried if they try to ask for the statutory interest i thought id read that that could be added for a year max..

anyway here for another hour then im out

cheers angel for your thoughts and ideas

thank you again caro

yes i believe you are right again, just going to do my best and learn from it all

cheers angel x

hiya caro

yes i will do,,,another flash came to me as a relative has offered to give me a quarter of what i owe to offer as a full and final settlement since no doubt they will have bought the debt off for a low amount, could it be something i could start with my offer weekly amount and if that is not accepted then to offer a full and final settlement within a time frame of say 2 weeks? could the ccj be then be shown as satisfied as i guess i cant ask for it to be removed totally can i? that is cheeky i suppose lol

just asking out loud my thoughts,,, cheers angel x

ok caro

i will do 2 spread sheets and incorporate everything on one and just mine on another and see how it all ends up as

i guess the judge could order my hubby to declare his earnings and his expenses if he is not happy with my sole earnings - and expenses

i will reflect on it and update you once done - certainly do not want to cause even more problems

cheers angel x

hiya cara

reflecting on what you are saying, i appreciate that if i did include the monthly payment then i would have to declare my hubbys wages and as he is not aware of this debt and i really dont want him involved as it was what i did for my friend, without his knowledge, and its a sole debt in my name only - im thinking is there a legal reason why I have to declare my hubbys wages and all our other expenses that he pays for from his wages? understand that the house is jointly owned but the main contribution to the house and living expenses for the family are from his wages not mine.

i could not pay the mortgage with the other expenses the allowances are for from what i get each week - but yes, i understand it does look a bit odd but my pay slip will show what im getting on a 2 weekly basis. i will only get paid for the time i do the caring, hence my dilemma too

hubby is paying his own debts off too from his wages and not from our joint wages, can i not do the same is what im thinking? since we each have our own sole debts

am i going to get stuck with this now do you think? cheers angel x