Jump to content


Registered Users

Change your profile picture
  • Content Count

  • Joined

  • Last visited

Community Reputation

1 Neutral

About lineol

  • Rank
    Basic Account Holder
  1. They have now got back to me again saying that they will accept monthly payments but they want me to fill out income and expenditure every 12 months, as I expected. I think that Tomlin order with this condition is not worth it. I better send the court my offer so it does not proceed to hearing to avoid extra costs. At least with a court order there will not be a requirement to provide them extensive information? What are your thoughts?
  2. That's quite a comprehensive but still asks for much less than the lowlifes. There is no mention of sending them copies for payslips or bank statements etc? I believe that once it is done then that's it unless I do not keep up with the payment. There will not be any need to complete this every year or so? Lastly, do I send this form to court for their consideration? or is it just an example?
  3. I see what you mean, but I think if you are able to cite what was discussed in confidence, the it beats the original objective. But anyhow, after a few emails back and forth with their solicitor, he wants to know the details right down to what i eat and drink, before they would let me know if it is acceptable to their clients. For example, they want to know all the details about my employer, property and it values and equity, number of cars and their values, number of adults and dependents living in the house, other debts and credit cards etc. I was expe
  4. Thank you Andy and Martin for your advice. I will ring them tomorrow.
  5. If I am to put to them that I may wish to settle by way of Tomlin order, then could they construed it as admittal and go to court for a summary judgement?
  6. Thank you Andy for clarification. how should I go about Tomlins Order with the other side of solicitor (e.g. should I say that I admit the total debt etc, make a monthly offer), and what I need to bear in mind about it? I am also concerned that they may not agree to say £40 a month, because at this rate it will take over 9 years to clear the debt? Lastly, can they demand and be granted interest payments (8%) from court if not agreed?
  7. Thank you Andy for your advice, but I am a little confused about the Tomlin Order rather than just a normal court order. What I read so far about Tomlin Order is that it may not be suitable for cases where just the payment of the money is involved. Is this correct? Secondly, what happens if the other party does not agree with the amount of monthly payments and are being unreasonable as to which expenses in their opinions are to be cut to increase their payment amounts etc? In such a case, would it not be better for the Judge to decide on the monthly amounts?
  8. I think that they are likely to win judging from the paperwork they submitted (debt assignment letter from Halifax, re-constituted credit agreement etc) and what the judge said to claimant solicitor at the time of setting aside hearing that "you need to provide assignment of debt under property act 1925 (i think) and credit agreement". Even though their solicitor did not provide a concrete date for the credit agreement by saying on or around 22nd of August 2011, but that date does match with my credit file. I think that I should admit the debt and
  9. Yes, that is correct. I applied to set aside a default judgment, which they accepted and then the judge ordered the hearing and these are the directions.
  10. Name of the Claimant: Cabot Financial Ltd Name of Solicitors: Restons Solicitors Ltd Date of issue – 21/03/16 -this is notice of hearing and directions Defence due - 06/04/16 What is the claim for – the reason they have issued the claim? Stopped payment back in March 2015 What is the value of the claim? £4595 Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Credit Card When did you enter into the original agreement before or after 2007? After 2007 Has the claim been issued by the original creditor or was the accoun
  11. This week, I received response back from Restons for my Halifax credit card debt, for a case which is already in court. But in their response they provided an approximate date of credit card agreement and said '... Halifax card agreement entered into by the defendant on or around 22 August 2011...' Can they still get a judgement without providing an original date of credit agreement. They provided a reconstituted credit agreement with some dates at the bottom but they do not match with the date they mentioned above.
  12. Name of the Claimant ? Hoist Portfolio Holding 2 Date of issue – 14/03/16 What is the claim for 1.The claim is for the sum of £6,829 in respect of monies owing under an agreement with the account no. (16 digit card ) pursuant to the CCA 1974. The debt was legally assigned by MKDP LLP (Ex Barclaycard) to the claimant and notice as been served. 2.The defendant has failed to make contractual payments under the terms of the agreement. A default notice has been server upon the defendant pursuant to s.87(1) CCA. 3.The claimant claims: 1. The sum of 2. Interest purs
  13. Hi, I think DX100uk misread my message. No there is no default judgment, I only received the claim form begining of this week. Yes, I will put a link with details by tomorrow. Thank you for your help and guidance.
  14. Thank you Martin for answering my questions. But you said that they need original agreement to enforce an agreement of c2002, does it mean that they could not use a re-constituted agreement? if yes, then which ruling could we rely on?
  15. Hi, I received a claim form from HPH2 for a Barclaycard debt of 2002 for £7476. I sent MKDD two CCA requests but no reply and now the HPH2 has issued the claim. I have two questions which I hope you guys could help me with. 1. Can the HPH2 enforce a credit card agreement which was taken out in 2002? 2. They are claiming interest, if they are successful, then is the interest COMPOUND, or Simple? Thanks
  • Create New...