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?

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?

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 expecting this, and I can expect that once they had received all this, then they would ask for bank statements, bill, and payslips etc. Can they legally interrogate your life to this extent? If I went to court, then will the court ask for similar details, or just income and expenditure and proof of income and expenditure in the form of payslips and bank statements etc? I am now of the firm opinion that I should ask the court to decide the monthly payment, because even if after all the hassle they accepted a Tomlin order, I suspect that they may enter a clause for me to disclose similar information every year or sooner, which I think that lowlifes have no right to! Is it possible to send the lowlifes proposal (instead of asking for Tomlin order) with income and expenditure and part of bank statement to avoid the upcoming hearing to save a few hundred pounds of court cost which I will have to pay anyway?

Thank you Andy and Martin for your advice. I will ring them tomorrow.

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?

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?

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?

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 save the hearing fee and hassle, but I don't know how to approach this?

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.

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 account assigned and it is the Debt purchaser who has issued the claim - Assigned Were you aware the account had been assigned – did you receive a Notice of Assignment? No Did you receive a Default Notice from the original creditor? Dont remember Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Not sure Why did you cease payments? Couldn't cope with the amount of debt What was the date of your last payment? March 2015, I think Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No Hi Could it be defended? If yes, then what could I use for my defence? I need to provide a defence in the next few days. Thanks

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.

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 pursuant to s69 of the CCA 1984 at a rate of 8% from 14/12/15 to the date hereof 90 is the sum of £137 3. Future interest accruing at the daily rate of £1.52 4. Costs What is the value of the claim? £7476 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? 2002 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. HPH2 Were you aware the account had been assigned – did you receive a Notice of Assignment? I think I did Did you receive a Default Notice from the original creditor? Not sure, but must have received it Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? Unsure Why did you cease payments? Could not cope with the number of debts What was the date of your last payment? Possibly March 2015, Was there a dispute with the original creditor that remains unresolved? No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? No The above is what is on the claim form.

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.

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?

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