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Tidot

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  1. In the end I decided to settle by way of a Tomlin Order. It was agreed at the court. I guess if I do get a little money I'll offer them to settle. Thanks to you all, @Andyorch @dx100uk for all your help and support.
  2. yes sorry, a part of the N244 was unsigned. The box after section 10 - what information will you be relying on in support of your application? They have ticked Witness Statement. After re reading, it seems as though they don't need to sign the N244 Statement of Truth as their WS is set out on an attachment and a Statement of Truth is signed there. What do you think to my argument that they have disclosed personal financial matters to my husband by using an unauthorised email address?
  3. Thanks @Andyorch. I've been so preoccupied going over my WS and defense that I haven't remembered to log in here! Solicitor has sent me 2 emails to an email address which my husband also uses. I never gave HSBC or their solicitor my email address or permission to email me there. My husband has found out about it and he is not happy, to put it lightly. Isn't it illegal for DCA / solicitor to use an email address which I didn't give them and to make my personal matters known to others? Can I use this as part of my defense? The DCA has agreed the Tomlin order, including
  4. I must say that I am TOTALLY confused by that! I can't figure out if their N244 should have have a signed SOT or not in this case!
  5. thanks @Andyorch. What does PD mean please? I've finally finished drafting my WS. Its really late I know, but if @Andyorch @dx100uk are out there right now could you please take a look? I'm trying to get to the post office by 5pm. I've got 20 minutes! Thanks every so much . Witness Statement.pdf
  6. ok thanks @Andyorch is anyone familiar with subrogation when it comes to the claimant obtaining a charge against my property if the judgement goes against me? I've been reading about Paul v. Speirway Ltd. [1976] Ch. 220 where the plaintiff was not granted rights of subrogation as a secured creditor because the original loan was intended as an unsecured loan and therefore any remedy by way of subrogation should not include secured means, which would give the plaintiff more than he had bargained for. Does anyone have any comments on this please? A
  7. Morning @dx100uk. Thank you. According to my completed budget sheet, I really cannot afford more than £30 per month. Should I simply request a Tomlin Order without any further information? I've been searching around and gleaned that they do not have to agree to a Tomlin Order, and that they can try to force me to pay more than I can afford. Is that correct? How do I prevent them drawing up a TO for more than I can afford? Don't I need to give them a reason at all? Here is the new settlement offer letter at per your notes @dx100u
  8. Hi @Andyorch Thanks. I'm sending the attached to the solicitor tomorrow morning together with a Witness Statement just in case. Is that a good idea? I'm still drafting the WS. I'm finding it really difficult to find anything to argue or disagree with from their WS. I think it is going to be pretty short, except to deny that I ever received their correspondence. I was abroad when they sent it. Please let me know what you think of the letter and if you have any advice re the WS please. TO_offer.docx
  9. Hi @oldcoger No it is not joint ownership. The home is only in my name. I don't have a CCJ. Thanks @Andyorch. I'll write to them today. I've read that a Tomlin order is very strict and if for any reason I have to vary it, it can be difficult. I'm thinking of putting my home up for sale lol.
  10. good morning. Just wondered if anyone has any advice re trying to arrange a payment plan through the solicitors? At the moment my monthly outgoings exceed my income. I own my own home and don't want a charge against it. That would certainly end my marriage. Could they do that if I don't have enough income for the court to enforce a payment plan? Any help would be greatly appreciated. Thank you
  11. @dx100uk thanks. I'll do that. So far in all the witness statements I've found, I can't see anything I can argue about except the length of time it has taken them to provide the proof, but from what I'm reading I don't think this is enough to prevent the judge from lifting the stay. Yes all the documents have the same account number. I never saw this account number on my credit record though. @Andyorch total of the unaccounted payments is about £24
  12. Hi @robinjw just wondering how you got on with your case? Have you had a hearing yet? I'm in a similar position and wondering which route to take.
  13. @Tayen2 All the documents I received from the court after the solicitors filed the N244 are uploaded in post #36. @Andyorch is it too late to try to arrange a payment plan through the solicitors? At the moment my monthly outgoings exceed my income. I own my own home and don't want a charge against it. Could they do that if I don't have enough income for the court to enforce a payment plan? After reading through other threads I'm not sure what my chances are that the court would deny the request to lift the stay. I think I could avoid a summary judgement, but I re
  14. @Islabop did anything further ever happen with your case? Just wondering because I'm in a similar situation. Not sure what I should do next. Thanks.
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