Hi all, Looking for some help regarding a Tomlin order. Does the Tomlin order need to be approved by the court? In other words, stamped, sealed or approved by them? I have one that is signed by myself and the solicitors but nobody else.

Partial settlement is far less of a hindrance for obtaining credit in the future than a CCJ. Both will remain on CRA files for 6 years. If you lose and get a CCJ don't forget you will still have to pay the debt back although only at an amount the court thinks you can afford.

This is an application form/priority Request Form. No prescribed t & c's and no reference to them on the reverse. It is doubtful this would be enforceable in court but you have to ask yourself - am I prepared to go to court and defend it? There will become a point where you will have to make this decision or follow another path to resolve the issue (in my experience). Its ok for us to say it is unenforceable but it is you that will have to build a case (with help) to form your defence and perhaps go to court. Could you do that? These are all questions I had to ask myself and although everybody on here is very helpful and understanding it is you that has to have the confidence and ability to do it. Do not begin to worry or get stressed, it will be sorted but start to think what route you are going to take to fight this. Do not keep thinking "this is unenforceable, so im ok " you need a plan dependent on your ability/time to deal with it and your financial situation.

Received letter a long time since last one asking for payment arrangments with a copy of the CCA which is basically an application form and nothing else. Not sure yet which way to jump. Maybe if I ignore it, it will go to the bottom of the pile Im certainly not going to get worried about it, been there, done that on others and it doesn't help. I agree with you and I think we're in the same boat, if they had a watertight case they wouldn't be bluffing. Case of trying to intimidate and hope you weaken.

Im in the exact same situation so will watch your thread with interest and help as much as poss.

Hi guys, I really appreciate your thoughts and comments, however with so many other things happening workwise and in life I feel the time has come to perhaps review my position on this. I take comfort from some great advice on here and cant thank PF enough, without him I wouldnt have got this far. Also MandM and others. I know ive got a good case but dont understand how to win and cannot risk the consequences of losing.

Thats ok, They have sent the CCA, although that is in doubt if the cannot produce an original with prescribed terms? They have sent DN, statements and copy of t&c's but no termination notice. Have they conformed? I know !, I just hope other people can get some help from it aswell. Thanks for your input.

Have only had a copy of the CCA, copy of DN and copy of statements. No further correspondence.

Hi guys, is SO the route forward in my situation?

A very welcome back PF, i will be on later, work at the moment has made it difficult for me to be online. That looks interesting ! What time will you be around until PF?

Hopefully, Thanks for that, much appreciated.

Nov 08 - S77 request to MBNA Dec 08 - Missed 12 day deadline to produce CCA. Dec 08 - Recieved copy of CCA and new t&c's. Jan 09 - I sent letter in dispute, no further payments letter. Feb 09 - 1st Letter from Aegis, instructed by MBNA to obtain payment. Feb 09 - MBNA withdraw credit line and inform DCA's. Mar 09 - I inform MBNA a/c is still in dispute and dtop phone harrasment. Mar 09 - MBNA threat of default notice. Apr 09 - 1st Letter from Optima, Notice of Legal Action. May 09 - MBNA issue default notice (done correctly i think!) Jun 09 - Optima threat of Bankruptcy, charging order etc. Jun 09 - Receive paers from Northampton CC Jun 09 - I send acknowledgement of Service Jun 09 - Sent CPR31.14 request to Optima Jul 09 - Optima confirm they cannot provide information in 7 day deadline Jul 09 - I allow them a further 14 days. Jul 09 - Optima send photocopy of CCA (same as MBNA did originally) Jul 09 - Then send a copy of new t&c's (same as MBNA did originally and copy of DN Jul 09 - Send my defence to Northampton CC Letter to Optima asking for amended POC and copies of documents they rely on in court. Jul 09 - Optima send copies of a/c statements Aug 09 - Ask Optima to fully comply with CPR request and forward comm log. Sep 09 - Copy of Optima AQ received. Oct 09 - Standard order for stay. Oct 09 - Offer to try and reach agreement out of court. Oct 09 - Jan 10 - Failed to reach agreement. Jan 10 - CPR 18 Request to Optima Jan 10 - Further stay granted Jan 10 - Letter to court stating how I am trying to obtain information from Optima. Feb 10 - Optima apply for Summary Judgement, hearing in May.

Thanks MandM, i have just read again, the thread above that you kindly provided a link to and i feel excitement and total fear at the thought of what lies ahead. It is intersting to see how well costa has done, id really appreciate some help here from you guys. Perhaps if i post up a timeline it would make it abit easier? Im basically at the N244 stage and unsure what to do for the best.

Is there a timescale to submitting a N244 form? My court date is May. Pompey, you around later to help with an N244?

Thanks very much. PF & DD. Letter going off. How was your day in court PF? Hi, Quick update and help required folks. I sent a CPR request on 19th January and have not as yet received a response. I have in the mean time had a letter from the court and have extended the stay further until 14th February. Today i received a bundle of statements and letters from the court with a "Notice of hearing of Application" with the claimant seeking summary judgment. Is it N244 form time, PF mentioned this would happen? Do i need to submit an N244 form? Some help would be greatly apprceciated please !

Good Luck Pompey, let us know how you get on. Thanks for your help.

Just ask for that? Dont mention Tomlin? Are you in court tomorrow PF?

Hi PF, I made a request under CPR 31.14 after I received the claim form from Northampton CC back in July 09 asking for ; 1. The agreement 2. The Assignment 3. The Default Notice 4. The Termination Notice 5. Any other documents mentioned in the POC. They sent the DN and another set of T&C's. Then sent a copy of CCA. Then sent statements. I then sent another request for the Communications log. Checking my files that has not been sent.

Thanks for that contribution andyorch, very helpful. As you can see from my thread im wondering if my CCA is enforceable and have been quite undecided as to whether to fight this or make a settlement through the Tomlin. Have refused to lift default and will only show file as short settlement. Have a deadline to return signed Tomlin or they will make an application for summary judgement and the case be struck out. Just wanted to know how i respond with a view to refusing the Tomlin and make sure they dont shaft me for want of a better word? What should my next letter contain? Pompey, you mentioned an N244 form or is it too early for that? (Good luck tomorrow).

Hi Langster, gatecrash away The letter Optima sent on 15th April 09 was signed by Phil Robinson and follows the same format as in your thread above. SRA letter being drafted now, anything else you need let me now. Kind regards

Thanks you two, much appreciated. Letter gone let battle commence. Good luck on 14th PF. Now I will do some reading, thanks for email. Talk soon.

Is that a good thing that county court judges cannot over rule high court rulings? Surely the 1974 CCA is what it all hinges on?

When are the fees payable? Thanks PF, your a star. Sleep well.

Working, will have to live with court fees, what is approx cost?

Good for you,youve gone through a lot and i wish you more continued success. im just dont want them stitching me up behind my back, you know, not filing the right stuff etc So write and then wait for their response? Will Pm my email address