Hi guys long time no moaning LOL!!!! Hope your all ok and coping with your lot. Cannot WAIT for tonights channel 4 programme about debt collection (8pm!!!!) Anyways.....an update..... Hubby (in all his wisdom ) decided we should sign tomlin order, and avoid court (think he got cold feet) so we did sign it. that was before the end of may. Then we waited to make the first payment of £10 by 31st may. Nothing from court saying thats ok, its sorted. I rang MC to tell em in no uncertain terms am I parting with ANY money whatsoever before I get confirmation from the court. She was ok with that and put it in writing... One month later a letter from the delightfull and very talented Mortimer Clarke saying "OOOpppppsss, we made a boob in the wording of the tomlin order so we have CROSSED it out (!!!!!!!!!!!!!!!!!!!!!!!!!) and would like you to INITIAL the alterations please or the judge wont play ball. Aaaaarrrrrhhhhhhhhhhhhhhhhh:rolleyes: So. We initialled the croossey out bits and sent it back. we waited........another month..... Friday we gets ANOTHER letter from MC. Can you guess what it said yet???? Oh yes, they had made ANOTHER big booby and so the judge slapped them round their face and told em to sort it out.....or else!!! The tomlin order now looks like we are trying to play noughts ansd crosses with it. They had worded it so that it sounded like a judgement and if the judge had passed it then in effect it WOULD have been a judgement. Glad HEs on the ball then.................. Mortimer Clarke, PLEASE retype my nice tomlin order......it wont take you 2 mins I promise, and the Judge would also be impressed....... This is how slack they are..........when the court knocked back the order they send MC a RIGHT letter telling them off (hahahahahahahahahahahahahahhahahahahhahahahahahahahahahha) ..........sorry............ and MC only attatched THAT letter to my lovely tomlin order and sent it to me to have a good laugh at. I am just SOOOOOOOOOOOOOOOOOOOO tempted to say lets fight it but Its in joint names and if hubby wont play ball then theres not much I can do...... Will keep you posted on this MC saga......How bad at their job are they!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Cheers for reading Am off to my support group theropy now...............Its called " how to get over your urge to ring up MC and make rude noises down the phone at the nice proffessional lady on the other end before rolling on floor peeing yourself laughing" notsofedupanymore

I'm paying because I owe the money......regardsless of their tactics etc

Hi Spam, am still keeping tabs on your case....no update as YET on mine!!! May the force be with you........ fedup xx

Hi there, with ref to the postings I made earlier in this thread......M&S must know that the application form they sent me is unenforcable and I will tell you why........are you sitting comfortably?? I have been paying Rockwell for YEARS £5 per month for the M&S card I took out in 1994 (yes thats right!!!!!!) Anyway I decided to ask for a copy of the CCA in 2007 and when I got the app form back I stopped payments cos I know its unenforcable...... they only send a photocopy of the app form ..no statements to show how they worked out I owed thrm X amount of money etc. SOOO...many threats of court action etc from M&S, and a recorded delivery of the said app form by them!!! they were going to issue court claim.. so I said "go ahead, I'll see you there":D Funny how they did nothing and passed it onto yet ANOTHER bunch of muppetts. This time its "COLLECT DIRECT UK" yikes I'm scared!!! (NOT!!!....M&S) They issued usual dribble about how I would have to go to court and the bailiff would be knocking at my door and then they moved on to the "we are about to investigate you" threat!! Yipee I replied....good go ahead, see you in court guys, after reporting you for your lovely letters....all of which were designed to scare the pants off me (OOhhhhhhh)!!! Soo....I emailed them (different tactic) and told em to get a grip and stop sending daft letters cos my solicitor could only cope with one laugh a day in this current climate!! Soo....they said, hows about you just pay us the £5 you were originally paying to rockwell all those moons ago, and we'll say no more about it. Sooo...I said yeah ok then, cos you know I'm ready to dispute any claim you come up with dont you, and they said..."yes Madam we do!!!!!!":D Hope you enjoyed todays jackanory peeps..... fedup xx

http://www.fisa.co.uk/downloads/CCA%201974.pdf#search=%22%22Consumer%20Credit%20Act%201974%22%20licensing%22 Consumer Credit Act 2006 (c. 14) Have been researching the CCA 1974 and 2006 ( for my own cases) and thought I would share these with everybody peeps:D Takes alot of reading though!!!! fedup

Indeed why offer anything. Phoenix are pushing for us to sign this tomlin order now but I am really unsure what next....if theres a chance it will be struck out because of the claiments incompitance then why should we pay!!!!!

SNAP Spam!!!!!

Hi some news here guy's.....had response to my letter from the other day. They have now removed the "6 month review" clause and will allow us to pay £10 per month until its paid in an attempt to avoid it going to court.....shows they have no proof. So, have some thinking to do this weekend now...do we or dont we Keep up the fight guys

My my mortimer Clarke, another case of no disclosure.......you need to be carefull, or you will get a reputation in court ..........all mouth and no trousers!! I will also ring court tomoz to find out whats going on, hopefuly the same here for me...but I dont hold my breath!!!!

Hi craftygirl, no not a thing:eek:.......but then I never thought I would!!! Sent them a letter yesterday telling them we wont be signing their tomlin order so will see what happens next. Had a thought that they probably will have written to court blaming us for the delay in them submitting their ""evidence"" but hey ......whatever lol......

Thanks spam

Hi crafty..... Yes well if I DID owe them it I would be more than happy to sign it to avoid court...... I think they expected us to not want to go to court but I actually DO now....they should know from our dis doc's () that we have a good case....and that signing ANYTHING they send would amount to us admitting we DID owe them something...which we DONT .........I'm not that daft MC!!!!! Tomlins are ok if its a debt you admit and want to sort out without the need to appear in court,but the 6 month clause is the real killer cos after the initial softly soflty nice low payment time has passed they will go for the jugular and increase payments to some stupidly unaffordable amount, then its off back to court for the undefendable CCJ against you.....naughty Claiments we've twigged what your up to....

Well, had nice letter today from MCS saying thanx for your disclosure doc's, and wheres the tomlin order we sent you, kindly sign it and send it back by return. No mention of their disclosure doc's...........now I'm getting fed up!!!

Hi craftygirl.....they did not bother sending anything at all....I'm not surprised really. I never expected them to, shows they dont have anything. Letter being sorted as per INGM advice and wait to see their next move....

Yes

Well its nearly one o clock...special delivery time, I'm waiting MC.....tick tock

Hi rochdalecowboy, just wanted to say welcome to the marlin club, your not alone here

It is in sections from A to I, and heres directions on how to fill them in.......but you wont need them untill you get an AQ from court. A - Settlement 1 Yes (because it eliminates the need to answer question 4) 2 Yes (shows willing) 3 No (because it needs a fee) 4 Leave blank B - Location Of Trial No (already transferred) C - Tick No and write "Please see attached section C" Then on a separate sheet of paper type this, and head it section C "This case is not covered by any approved pre-action protocol. I have requested the claimant provide information in my CPR Part 18 request, but to date the claimant has not provided the documents I require to investigate this claim" D - Case management information What amount of the claim is in dispute - fill in the full amount Applications - No Witnesses - Enter your own name, and "All" to 'witness to which facts'. Experts - No to first question - leave the rest blank Track - Fast Track (as claim is over £5,000) - Leave the other box blank as Fast Track is normal E - Trial or Final Hearing 2 hours (Only you know if there are any dates you cannot attend) F - Proposed Directions Yes to question 1, No to question 2. WORK ON THE DIRECTIONS TO ATTACH LATER G - Costs Leave blank H - Fee Leave blank I - Other Information Yes to questions 1 and 2. Sent today. No to Applications and leave blank.

Hi the Allocation Questionaire is what you will receive from the court and you have to fill it in, the judge will make an order telling you when it has to be handed in by. There are some excellent threads on here with the info on how to fill one in on them, thats how I filled mine in. It's quite simple really....I will see if I can find the one I used...... fed up

Hi what would you define as an "all monies claim" as i have not heard that before?? fedup

Ok thankyou for that....Its last day for disclosure tomorrow at 4pm. They will have got mine today before 1.....will see what tomorrow brings, nothing I suspect!!!! P.S...how would you word such a letter IGNM?

Hi IGNM, what would you do if you were me and they just dont disclose anything, would you send a letter to the court manager or pay to file the N244? fedup

Thats exactly what I mean....if the judge wont order them to produce statements how the **** can you defend the claim properly, methinks they dont want us to so its easier for the courts to deal with, I mean, how dare we mear mortals question a solicitor or even a judge...who do we think we are??? :mad:

subbing...will be usefull to all of us I think Good luck fedup

I'm sure one of the mod's will look at it for you, as I'm no expert..(only on marlin;)) Click the red scales if you want them to cast their eye over it. Just replied on my thread as to what doc's they should supply, when they claim its an overdraft. Thats where their clever though cos I dont think overdrafts are covered the same as say a credit card or bank loan......