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bgizzle

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About bgizzle

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  1. Thanks both. Has given me some more to think about. Do I want to go for F&F settlement which ends this once and for all OR not bother as they can't proceed with collection for now as no CCA? @London1971 - A 700 quid Corolla wont work for me now. I'll shop around in the interim.
  2. Thanks for clarifying @dx100uk @London1971 thanks for response BUT I do not see anywhere dx100 says a payment to DCA resets SB clock. On the PCP front I tried 2 months ago and was rejected because of the default by dealer finance.
  3. Thanks again dx100uk. 6years from settlement date OR date of default? The one default unfortunately has affected me getting a PCP deal from 2months. I assume its because its viewed as recent (2017)
  4. Thanks dx100uk. Removal of the default is the ideal BUT I know may not be possible as you rightly state. The situation as it stands now after failure of CCA request is one of an impasse (collection activity suspended by them & I'm making no payments & credit file is still bad) which doesn't help me achieve my immediate aim which is to get a car for my commute to work. I'd like to give myself the best possible chance of being accepted for a PCP/Lease. I have read somewhere that underwriters prefer to see defaults satisfied than not. How do you advise I approach this with DCA to pay a percentage but credit file marked as fully satisfied? I hope I have explained myself properly?
  5. In 2017, I defaulted on a Jacamo account at a difficult moment and the debt of approx £1.7k was sold on to Intrum. Tried to deal with Jacamo and get them to reconsider removing the default on compassionate grounds and for debt to be paid but had no joy as they said it was now out of their hands. Fast forward to Feb 2019, I CCA'd intrum and got the standard "we see you have raised a dispute/query on the account, we will contact the original creditor to request any information they hold relating to a dispute in relation to the account. It may take several weeks for them to gather this information. We will suspend collections activity on this account whilst we endeavour to obtain these documents" Suffice to say the 12+2 days have now passed with nothing. What are my options? Ideally, I'd like to have default removed or marked as settled so it doesn't cause me as much trouble as it currently is when applying for car finance which I need for car to get to and from work.
  6. Andy How is this? Cover Letter - Legal Department United Utilities Water Limited WA5 3LP Account Number XXXXXX Claim Number XXXXX Date DD/MM/YYYY Dear Sir/Madam Without Prejudice: Settlement Offer for Claim In your letter dated ddmmyy and telephone calls on ddmm yyyy with your offices it was confirmed that a speedy resolution of this matter via an Out of Court Settlement (e.g. Tomlin Order) would suit both parties for the above mentioned claim. I have therefore drafted a proposed Tomlin Order which I trust is acceptable to both Parties. In my case I will want to avoid wasting the court’s time and having the risk of a judgement being entered against me – as a CCJ will significantly affect my working situation and increase the risk of me losing my job and any ability to pay off any debts. Please note that this offer is made without me implying an admission of liability, abandoning any claim, privilege or right. A copy of this has been also been sent to the Northampton County Court Yours Sincerely, Bgizzle IN THE COUNTY COURT BUSINESS CENTRE Claim No. XXXXX BETWEEN: UNITED UTILITIES WATER PLC Claimant - and - Bgizzle Defendant _________________________________ TOMLIN ORDER _________________________________ Upon the parties having agreed terms of settlement BY CONSENT IT IS ORDERED THAT: 1. All further proceedings in this action shall be stayed upon the terms set out in the attached schedule, except for the purpose of carrying such terms into effect. 2. Each party shall have liberty to apply to the court if the other party does not give effect to the terms set out in the schedule. 3. No order for costs. Dated ......................... ....... We consent to the making of an order in the above terms ......................... ................. Solicitors for the Claimant ......................... ................. Bgizzle , Defendant SCHEDULE 1. The Defendant shall pay to the Claimant the sum of £2,045 in Full and final settlement of this claim. 2. No charges will accrue on the settlement sum. 3. The Defendant will pay to the Claimant on or before 25th August 2015 the sum of £204.50 followed by payments of £204.50 on or before the 25th of each month and every month thereafter (for 10 months) until the balance has been paid in full. 4. If payment is not made on the due date the Claimant shall give notice in writing of such a default to the Defendant and if payment is not made within 14 days from the date of such notice the Claimant shall be at liberty to apply to lift the stay and proceed with the claim. 5. The amount of the monthly instalment payment shall be reviewed at 10 monthly intervals. The defendant shall co-operate with the Claimant on such review by providing the Claimant with such information about his assets income and expenditure, as the Claimant shall reasonably request. 6. If following any review the Claimant and Defendant agree a new monthly instalment amount, the new monthly instalment shall become payable under paragraph 3, with effect from the next instalment date. 7. If following any review, either the Claimant or the Defendant considers a new monthly instalment amount should be payable but cannot agree this with the other party, either party shall be at liberty to apply to the Court for the Court to determine the monthly instalment payable and thereafter the stay and settlement contained in this schedule do continue. 8. The defendant agrees to pay the costs of this Consent to the value of £50.00
  7. You're a star Andy. I will modify and send that ASAP
  8. Used the phrase in their letter and telephone calls to me. The one thing they included in their letter is this for me to complete... Dear Sirs Claim Number: XXXXXX Total Due: £X,XXX Customer Acc No: XXXXX UU vs Bgizzle I hereby give notice of my intention to withdraw the defence submitted in this matter. I admit to the claim in full as shown above and offer to make settlement by payment of £__ per month. I understand this will result in judgement being entered against me and a fee of £40 will be added on to the debt, which has been included in the above balance Yours Faithfully, Signed:______ Dated:_______ I challenged the above as I didn't think this was in the spirit of a Tomlin Order or what was discussed over the telephone I was then asked to write back with a proposal of Tomlin, reasons for Tomlin and offer which would be put in front of court
  9. This is where the confusion sets in. Do I make the offer in writing or wait for mediation and make the offer? Is there a format in which I must make the offer - things to say OR not say in the letter?
  10. DQ not received. The breakdown makes sense too and I'd rather avoid court and CCJ but can't afford to pay in one lump sum so consent order is agreeable to me
  11. My Apologies for now being clear earlier on. The claimant has responded to defence and copied the court via a "Reply to Defence" and provided a water bill and a breakdown from their computer systems for how the amount was accrued. The court has not however responded to me in writing. It is my thinking that I make an offer via a Without Prejudice Letter. Is this advisable?
  12. Thanks Andy for your swift response - Apologies for being dim but does this mean I should wait for allocation to a judge or to mediation before making an offer of repayment or getting into a Tomlin Order?
  13. Update: UU and I have been in telephone conversations regarding this claim and have accepted to enter into a Tomlin agreement over the telephone following my defence. However they sent through a Reply to Defence which stated that the claim has been issued correctly and they intend to continue with it. They request that a payment should be made for the complete amount immediately. Alternatively I should complete and return the enclosed withdrawal of defence form making an offer of payment but this will result in judgement being entered against me incurring an additional £40 fee to be added to the outstanding debt. This arrived while I was away dealing with family issues overseas and for me differs from what was agreed over the telephone. I rung them up to verify. The lady in the legal dept confirmed this was different from earlier agreement and urged me to write back in with an offer and to propose a Tomlin offer in order to prevent any judgement order and my reasons for wanting this i.e. Risk of Losing Job. Any advice on format for this offer? I have 24hrs to send this off.
  14. Thanks Andy. @dx - your comment re: PPI - is that a possibility?
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