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toxicdebt

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  1. Hi Shoesmiths were the original solicitor and are named on the order. They took the first payment then told me to pay AG direct, which Ive done ever since. The original debt was for an MBNA Card. I agreed the tomlin order with AG back in 2013. I agreed to it after advice on my thread rather than fighting it further.
  2. I have a Tomlin order with Arrow Global for £20 a month. Recently Drydensfairfax sent a letter stating they were now administrating my debt and for me to change my payment from AG to themselves. I wrote back saying my Tomlin order states that I must pay AG and if they were now acting on behalf of AG they need to use form N244 to amend the Tomlin order. Ive received a reply which states... "We write further to our letter dated 12 Feb 2020. Conformation that we are now acting in this matter was provided to yourself and the court. Please ensure future installments are paid directly to ourselves". Ive not received anything from the court to say an amendment to my Tomlin order has been made and the wording of this letter makes me thing no amendment has taken place. Question is who should I pay? AG or this new firm (Drydensfairfax)? If I dont pay the company in my Tomlin order Im worried i will be in breach of the order. Could this be a trick to get me to default? Is there a way I can check with the court? Or can I ask the court what I should do?
  3. I too have today received a 'nice' letter entitled "Lets work together" requesting I contact them regarding my Marlin Capital, formally Barclaycard, formally Egg credit card balance. This was defaulted in march 2009 and is statute barred and has been for over a year. They really are desperate to attempt to collect such old debts. Needless to say I will be sending them a SB letter.
  4. Ah! Good thinking. I use a popular online calendar. Why didnt I think of that? haha. Done. As ever thanks for the help
  5. It states they can lift the stay if I miss any payments and that if we cant agree the monthly payment after each 12 month review either of us can ask the court to assess how much should be paid. Ive just rang AG and they now tell me the last payment from Shoey's was in November which would mean two missing payments, so I suspect thats what the second refund is. I've forwarded the money over to AG just now. They guy on the phone (very pleasant manner) said that once my account is taken up by one of their "financial partners", Id have to fill an assessment form in to determine how much I could afford to pay each month. I reminded him that there is a Tomlin Order for a set amount in place which can be reviewed once a year and both parties had to agree. I'm beginning to think they are trying to get me to pay more. Ill wait and see what happens after (if) its assigned. At least If they try to hike my monthly payments up (currently 112 years left to go before its paid off at my current rate) I can go back to the court. My circumstances are the same as they were back in 2013 when the Tomlin became affective. I suppose I'll just have to remember to make a payment to AG electronically each month until then. Maybe AG are trying to sell the debt on and get rid of me. I cant imagine many "financial partners" would want to administrate this ongoing as it cant be worth anything to them. Im paying very little each month, but its all I can afford and they settled ( snatched my hand off) for it.
  6. The guy at AG said I would be informed when a new assignee was in place. However Im getting a tad worried now as Ive had another payment into my bank from Shoesmiths today, equivalent to one months payment. Thats two so far both titled "S'SMITHS CLT LENDE FILE CLOSED". Im guessing I should make another payment to AG now? Seems a bit strange that Ive got another refund from Shoey's just after sending one to AG. I might give AG another ring.
  7. Interesting. Ive not has any correspondence from a new assignee as yet but did send January's payment direct to AG with my reference number on. However, if they dont allocate a new solicitor within a reasonable time would that give me reason to approach the court for a breach as it is a major inconvenience to try to remember to manually pay them each month rather than by the agreed standing order?
  8. Rang Shoesmiths who told me to ring Arrow as they were no longer collecting this debt on AG's behalf and have closed my account. I asked why they had not informed me of this in advance as I was now One months payment missing. They said they were not required to, all they had to do was return my money. I wonder what would have happened if I had just done nothing. Would Arrow have had grounds to revoke the Tomlin? Anyway... I then rang Arrow who searched for my account and eventually discovered it had no 'collection assignment company' (whatever that means). I was given their bank details and told to send the monthly payments electronically until Im assigned a new collection agent. I asked if I could just set up an SO direct to Arrow and was told no pay electronically every month and, wait for further correspondence. What are they up to?
  9. Well after two years of paying my £20 each month I've had a credit paid into my bank from "S'SMITHS CLT LENDE FILE CLOSED". This arrived The day after my standing order payment was paid out to "ARROW GLOBAL" Does this mean they have closed my account and written the balance off? I'm a tad worried as this time last year I was emailed by Shoesmiths asking me why I had not returned Arrow's annual income and expenditure form. Arrow had (yet again) sent it to the wrong address. Once I explained that nothing had changed they were fine and my payments under the Tomlin order continued until now. Is it possible they have again sent an annual assessment form to the incorrect address and then applied to have the Tomlin removed so they can proceed to court? Would I be informed by the court if something like this had happened? Im unsure what - if anything - I should do.
  10. Sneeky blighters. I suppose some people will just ignore the claim and then they win by default. I guess it must be worth a punt on their behalf. Well not this one Cabot you *tinkers! *substitute with own choice of expletive
  11. Excellent. Many thanks CitizenB I never knew they even tried to claim through the courts when Statute barred. Surely they have no hope of winning whatsoever?
  12. Hi guys, Been a while. I'm helping a friend with this. He's received a court claim form from Cabot regarding a Vanquis credit card that was defaulted back in 2008. Surely thay cant proceed as its statute barred under the limitations act? How do we go forward? Do we submit a defence on the grounds of it being Statute Barred. Or do we defend by disputing the debt then put in an application to strike it out due to it being Statute Barred? Not sure if this makes any difference... He was a sole trader when he took the card out. He was a sole trader when the default notice was issued. He's not serviced the debt since 2008. He's now formed a LTD company and they have put this on the form along with his Company number. Does that make any difference? In hope. Toxic
  13. Just checked. Its a month until the 6th anniversary of the date they defaulted me. Its over 6 years (in January) since I made a payment to them.
  14. Had a letter today stating Marlin have changed their name. The letter differes from the annual "statement" that Marlin send each year, in that there is no statement as such - just a total owed and asks me to contact them regards paying my egg debt of £8k off. No threats just a furtive offer of help arranging payment. It will become statute barred in just over a months time. I hope to god that this does not signify them starting down the court path. Obviously I'm ignoring the letter.
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