Yes i will read anything to help the cause, one day id like to be able to give something back to this site. Ok, deep breath, how do i refuse this tomlin, write and say its unacceptable?

Youve been to court Pompey - looking at my agreement is it worth a fight? Sory to be so direct but i have to deal with this by the 8th.

Right, but it doesnt mention them on the CCA, doesnt refer to any terms and conditions does it? Most people are telling me to be cautious of a Tomlin Order, i made an offer and they sent the Tomlin order. Im getting more and more reluctant to agree to it, can i back out now? Id have to write and say im not prepared to accept a Tomlin order, then if they go for judgement use the N244? If i do fight this would i be in court within weeks defending this or would it take a lot longer? People are talking of serious back logs or even cases like this stayed?

No specific APR just a table on the back showing different amounts depending on the type of transaction but it does show them in % terms. When i originally got the copy of the CCA i was sent the new terms and conditions that were 3 or 4 pages big. I just dont know if ive got enough to take this to court and win?

Thank you, so basically modify my F&F letter to them (which resulted in them sending me the Tomlin order) stating all the points regarding costs etc and that this is my final offer. Presumably they cannot ignore this and go for summary judgement? What are your thoughts regarding the enforceability of my CCA?

Would appreciate your comments on the CCA http://i370.photobucket.com/albums/oo147/martpammy/scan0001-1.jpg http://i370.photobucket.com/albums/oo147/martpammy/scan0002-1.jpg

http://www.consumeractiongroup.co.uk/forum/legal-issues/206015-mbna-optima-court-action.html Hope ive copied that right

This is an interesting thread, keep it going. Im way down the line and facing court but after reading this thread am now more convinced my CCA is unenforceable. I have to decide in the next 24 hours whether to accept an offer to settle the account (Tomlin Order) or go to court and defend myself. foolishgirl is a star , always clear and helpful comments. What I need is a crystal ball

Thanks What if i pay the amounts we have agreed? Dont you think that will be the end of the matter? If i decide against agreeing how do i advise them? It states that if they fail to hear by the agreed date, they will make an application to court for my defence to be struck out and for summary judgement to be entered against me for full amount plus costs etc.. I am wary of these people, but also totally unsure which way to proceed? Are you around PF? Before i give away any extremely hard earned cash that i cannot afford to do, would you agree with the following? There are no prescribed terms & although there are T&Cs on the reverse, it does not refer to them on the front. Does not contain the name and address of the creditor. Does not contain the credit limit. If a regulated agreement is missing any prescribed terms, or if the terms are misstated then the agreement is irredeemably unenforceable. http://i370.photobucket.com/albums/oo147/martpammy/scan0001-1.jpg http://i370.photobucket.com/albums/oo147/martpammy/scan0002-1.jpg

Hi Pf, good to hear from you again, hope you are well. Could do with your help here. I your remember following your thread and you going to court and having a judge that wasent too clued up on CCA's? We all run the risk when going to court and hope that we get a judge who is understanding and knowledgable on these matters. I have a "copy" of my CCA that MBNA sent, do they have the original though?? Isent this the gamble? Interesting you have had dealings with Optima, your advice would be appreciated. Are you around today to give me some help? Running out of time !

Thanks for your advice but isent everything weighed in the creditors favour? Its ok saying dont sign a Tomlin Order, this forum is about help/advice and sharing information? Have you had a bad experience? If you are about andyorch i could really appreciate one last push here to get me over the finishing line and then i can make my donation to this site. If it didnt exist and the people who make such huge contributions werent here - i could never have come this far! Got to get this in the post in next 24 hours, so help quick please !

In what respect? (sorry about todays score)

Yes andyorch, and a Happy New Year to you.. So, providing both parties follow the terms of the agreement when it ends thats it? No second bite at the cherry for another DCA? Will my credit file show it as satisfied? When i sign do i send a copy to the court?

Another thought - should i also request the account as "satisfied"? Is that the correct wording? Anybody? Is a Tomlin Order as safe as Full & Final ? Plus questions above?

Should I write that this is in F&F settlement where i sign it? Or add it to the schedule ? There is no mention of F&F on this document. They have asked me to send it back to them so they can lodge it at court. Should I send a copy to court also? Sorry if i sound paranoid but I just cannot afford for this thing to come back and haunt me.

Does that also mean that they cannot disclose it to anyone else too? Therefore i cannot be pursued for any further money under this agreement? Also if this is done through the court i have some protection? Done want this coming back to haunt me. Also will it show as settled on my credit file?

Hi and Merry Christmas to all, Nearly there on this particular fight, just need a little more help please. andyorch, couldnt have got this far without your help !! I have reached an agreement to settle this, wont mention amounts but I think it is going to be ok for me. I have asked for clarification that this is F & F settlement and the default lifted. Probably wont get the default removed as they havent mentioned that request or that it is F&F. What they have sent is a Tomlin order setting out the payment schedule. They have asked me to sign and return it. It does say "The claimant and the defendant agree that provisions of this scheduke are confidential and shall not be divulged by any party to any third party whatsoever". What does this mean? I am happy to do this but do not want to be chased for the balance, I obviously want this to be the end of the matter. Advice please.

F&F letter sent today, will keep everybody informed. I have seen in the past threads where people have asked how successful these letters have been, so hopefully I will get a positive result and we can all see what happens.

Thank you, your help is much appreciated.

Thanks andy, I will make them an offer without predjudice. Shall i say i am not prepared to withdraw my offer? Mention Tomlin order or wait? Inform court ive made an offer? sorry meant not prepared to withdraw defence (not offer)

Hi, Not much been happening here recently but as ive had great help so far (especially andyorch) i could do with a bit more. Since my last post I am now at the stage where the stay period has been extended in order for both parties to attempt settlement of the debt. The letter I received from Optima basically says , this is what you owe, pay the lot. However it also invites me to withdraw my defence to enable judgment against me, and after that they will then consider offers. I am prepared to make a full and final offer, but surely I cannot accept to the above before doing so? I have a good template F&F letter, shall I send that without mentioning the above and would I have to send a copy to the court or just advise them of my actions?

Hi Andy, Hope your around for a bit of advice. Ive heard nothing since you last helped me. Just keping an eye on dates. Is (date + 4 weeks) 4 weeks from when i sent back my AQ back? (which was sept 1) As ive heard nothing, should i start filling in the N265? How do i make sure the havent gone for summary judgment?

Is the N265 the allocation notice?

Thank you andy , may need help with the N265, lets see how things go. Steep learning curves here.

When/how will the "settle before claim hearing" happen? How long could all this go on for before a court case happens? (Assuming it gets that far?) Grateful for your help