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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

69Eyes

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Everything posted by 69Eyes

  1. 69Eyes
    Thanks Andy. Key points: £50ish a month. It goes up a fiver a year. They added on the court costs to the balance. I guess I could have argued for a settled marker on the credit rating (as on the thread you pointed me to), but it was so late in the day I didn't feel I was in a position to argue.
  2. 69Eyes
    UPON the claimant and the defendant agreeing the terms set out in The Schedule hereto AND UPON reading the written terms of the parties BY CONSENT IT IS ORDERED THAT:- 1. All further proceedings in this claim be stayed save for the purpose of carrying the terms of this Order and the attached Schedule into effect, and for that latter purpose the parties do be at liberty to apply; and 2. There be no order as to costs. This is the Schedule referred to in the Tomlin Order (‘the Order’) made on even date. In full and final settlement of all issues and matters raised in present action (whether pleaded or referred to in witness statements or correspondence and including without limitation the existence, assignment, validity, enforceability and quantum of the debt claimed by the Claimant), the Claimant on the first part and the Defendant on the second part agree as follows: 1. The Defendant shall pay the sum of £xxxx.00 to the Claimant as a debt in accordance with the following provisions. The Settlement Sum shall be paid by way of the following instalments and to reach the Claimant in cleared funds by not later than 4:00pm on the first business day of each month. a) £x.00 per month commencing 01 April 2016 for 12 months then b) £x.00 per month commencing 01 April 2017 for 12 months then c) £x.00 per month commencing 01 April 2018 for 12 months then d) £x.00 per month commencing 01 April 2019 for 12 months then e) £x.00 per month commencing 01 April 2020 for 12 months then f) £x.00 per month commencing on 01 April 2021 for 6 months then g) One final instalment of £x.00until the entire sum of £xxxx.00has been paid in full 2. In the event of any default by the Defendant in complying with paragraph (1) (a) to (g) of this Schedule, however minor or de minimis, and whether remedied or not: (a) The entire balance of the Settlement Sum then outstanding shall automatically become due and payable immediately as a debt and shall accrue interest at the rate of 4% per annum compounded daily on the entire outstanding balance of the Settlement Sum owing from time to time until the date of Judgment (after which interest shall accrue on the judgment sum at the judgment rate pursuant to statute) or sooner payment; and (b) The Claimant shall be entitled to apply for judgment on the balance of the Settlement Sum outstanding in accordance with paragraph (2) of the Order.
  3. 69Eyes
    The Tomlin has been set up and signed (albeit with clenched teeth). A big thanks to all of you for your input, I would have been lost without your kind assistance.
  4. 69Eyes
    Ok, got it. Ta very much for clarifying.
  5. 69Eyes
    My thoughts exactly. I don't think I want to take the risk. One last thing, and then I'll definitely shut up. I got the impression from post 62 that if I did let it go to court, there could only be 2 possible outcomes - either CCJ, or unenforcable. (I.e. there is no option for negotiation after that). Is that correct?
  6. 69Eyes
    Ok I will do that. Sorry for keep twittering on. I never expected this thread to get to 4 pages.... I got excited at the thought of unenforcability, because they wind me up so much.
  7. 69Eyes
    Thanks Andy. I guess it might be wise to call them tomorrow and seem an agreement. What are the possible outcomes of the hearing if I didn't? Is it one of: 1. Unenforcable claim or 2.CCJ? Or does the potential exist for further negotiation? (e.g. in light of docs supplied last minute)
  8. 69Eyes
    I would hate to do it, but if I'm looking at a 50/50 chance of a CCJ, I'm tempted to pull the plug and try and set up a payment plan with them. Or vibe out the judge on the day and if he seems hostile, then offer to do that on the basis of the new evidence.
  9. 69Eyes
    It's £3k+ so unfortunately there's no way I'd be able to pay that within 28 days. My main defence was - despite repeated requests - they had never provided me with a copy of the agreement. But now they have (albeit with a ropey recon of the T&C).
  10. 69Eyes
    Ta Yeah TBH I did think that the court hearing would be a make or break moment. And been pretty worried since they sent the docs through at the last minute (which was unexpected to say the least).
  11. 69Eyes
    Thank you, that's very helpful. With regard to the application form... it does appear to be my signature on there. Is that relevant if the T&Cs are not a true copy? I'm wondering what kind of questions I will be asked? And should I be giving as much info as possible? Or as little?
  12. 69Eyes
    I wish you were my solicitor! I'm not confident that I'll be able to come out with the right comments / points when I'm put on the spot. So when I'm in with the judge, would I say something like this? "Sir, I question the accuracy of these T&C because they contain an address that was not in use until 2010"
  13. 69Eyes
    Thank you. If I argued that the agreement was unenforcable because the address on the terms is incorrect, is it not likely that they would re-submit the T&C with the address corrected? There's an outside chance that they might not have those details, but I wouldn't bet on it.
  14. 69Eyes
    I cut it down a bit because it is rather wordy:
  15. 69Eyes
    Thanks for all your input. I have collated all the points you've raised, researched around them, and tried to make sense of it all. Below are the points I am thinking to raise during the hearing - but I'm not sure how strong a case I've got... Default Notice They should be able to show me that a DN was issued from their logs. As of yet they have only stated that one 'would have' been issued. If I could say with certainty that one had NOT been issued, I expect that would be a valid defence. However I cannot. The truth is that I just can't remember. No T&C at Closure Someone mentioned that there were "no T&C at closure". Does this refer to the part of the application that is signed? Becuase upon close inpsection there is a reference to "terms overleaf and the full Conditions in the Customer Copy". Or have I misunderstood? Accuracy of Terms and Conditions The address they have on the TC is 10 years too late! So they're clearly not the actual document from 2001. This might also indicate that it's not an accurate recon. However, it COULD be - I have no way of knowing. If that were brought to their attention, wouldn't they just change the address and say "now it's accurate"? Carey v HSBC and Phoenix v Kotecha A couple of folks have referred to Carey v HSBC. As I understand it, the take-away from this is Similarly, the Phoenix v Kotecha case concluded that the agreement provided was unenforcable becuase Other than the erronous address, is there any way to demonstrate the honesty / accuracy of the T&Cs I've been provided with?
  16. 69Eyes
    [removed] How come I have to spend days collating info and submit it all 14 days in advance ... then they pull it all out of a hat in the last 5 days? Despite me requesting it for years! So should I mention all these points at the court hearing? It's on Tuesday, so I guess it's too late to sumbit anything else to the court by post. I have no idea what to expect, how I should be presenting my argument or anything. And if the court rule in their favour, I'm worried I'll get CCJ'ed
  17. 69Eyes
    Did that mean you fixed it? In that case thank you v much.
  18. 69Eyes
    FWIW, on the application form, it says at the top (though it's faded out in the middle) something like: "If your application is accepted by our signature below and we send you a card, then this will form the agreement btween you, the principal card holder and Lloyds TSB Bank PLC." The T&Cs were included after the application form. They looked like they were taken from the same document, but I don't believe they are because of the address issue.
  19. 69Eyes
    Thank you! Which ones are showing the info?! I thought I was really careful... and even now I'm looking for it, I still can't see it....
  20. 69Eyes
    I am struggling to get them neat and tidy... each attempt seems to make it worse so I'm giving up
  21. 69Eyes
    ,, 1st Cred Witness Statement.pdf Supporting Documents.pdf Application with T&Cs.pdf
  22. 69Eyes
    Ok. I should have looked for instructions before asking, sorry. There's a lot of gumph, and a lot of redactions to make, so give me 30 mins or so.
  23. 69Eyes
    I would be over the moon if they were not enforcable but they do look genuine. The copy of the "Application Form / Agreement" has my scrawl on it, and they enclose T&Cs along with it. However... and I might be clutching at straws here.... The form and acompanying T&Cs appear to have been pulled from a microfiche or similar (with a blue tint around the edges.) This would suggest they were originals from 2001. Yet this cannot be so, as the T&Cs are headed with a very recent address (post 2010). What is the best way of getting them to you once I've scanned them? A couple of them have private info on, which I have no problem showing you guys, but don't really want to post them on a public interwebs.
  24. 69Eyes
    To my suprise, these guys (1st Cred) have actually come up with a genuine, valid CCA, signed by my good self. 5 days before the court hearing. So I'm thinking to contact them and try to sort it out. Does that mean I'll get a CCJ unless I stop it going to court? And is it too late for that?
  25. 69Eyes
    Ta, all done

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