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Toxic V Mbna

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Well if you are considering accepting their Tomlin then the above is really irrelevant?


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Well only you can decide that matter Toxic...as we have previously discussed a restriction is meaningless on your home and if you feel that you should proceed then that's your choice.

Just to clarify they are allowed to submit a WS (even though they are too late now) they are not allowed to verbally support it...they are debarred from oral evidence.

 

You could get a completely different DJ this time and if he goes with the old " on the balance of probabilities " line then you could lose.

 

Taking all into consideration including the TO if you go that way you pay inc costs.If you proceed you win and you get costs. If you proceed and lose you get a CCJ plus further costs and probably a restriction.

 

Something for you to deliberate on

 

Regards

 

Andy


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Thanks Andy

 

I've given it much thought and I'm going to go for it, but will attempt to make a deduction on their costs. Ill keep the thread updated once I've had a reply to my amended acceptance.

:)

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Update: They want me to pay their Summary Judgment costs - I have refused as they lost. Their SJ application was thrown out and costs were awarded to me then rolled over to the full hearing.

 

Their solicitor has replied saying that as as no costs award was on the general court order for the full hearing date she doesn't believe they were awarded to me. How do i prove it?

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Whether they were or not awarded to you makes no odds they most certainly were not awarded to them as they lost...or has she forgot?

 

What does it state on your " general court order for the full hearing date " Toxic ?

 

Regards

 

Andy


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Update... My Tomlin has been in effect since November last year and I've made the agreed payment each month. Ive just checked my credit file and under Global Arrow each month since they bought the debt in 2012 has been listed as 'US' (Unknown Status). However in January this year it is listed as 'D' (Defaulted). The same in Feb and March this year too.

 

It also shows the wrong amount owing. I'ts showing the defaulted MBNA debt amount without what they added on etc.

 

Can they do this seeing as I have a Tomlin Order considering I have not missed a payment since it was set up last November?

 

Can I sue them? :lol:

 

My credit file states this is due to drop off my file in August next year - 6 years after the date I defaulted with MBNA. If this is the case should I not rock any boats and just wait?

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Tomlin Orders have no connected/effect with CRA files...the debt still remains...but you can query the amount if that incorrect.

 

Regards

 

Andy


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Thanks Andy. I think Ill just keep my head down and let the clock wind down to next August when it says it will drop off my file under the 6 year rule. Could they open it up again after that point?

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Depends if you default on the Tomlin Order...but it should drop off after 6 years as normal.


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Well after two years of paying my £20 each month I've had a credit paid into my bank from "S'SMITHS CLT LENDE FILE CLOSED". This arrived The day after my standing order payment was paid out to "ARROW GLOBAL"

 

Does this mean they have closed my account and written the balance off?

 

I'm a tad worried as this time last year I was emailed by Shoesmiths asking me why I had not returned Arrow's annual income and expenditure form. Arrow had (yet again) sent it to the wrong address. Once I explained that nothing had changed they were fine and my payments under the Tomlin order continued until now.

 

Is it possible they have again sent an annual assessment form to the incorrect address and then applied to have the Tomlin removed so they can proceed to court?

 

Would I be informed by the court if something like this had happened?

 

Im unsure what - if anything - I should do.

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Yes you would be informed Toxic...try to get hold of Arrow and find out why the SO has been cancelled.

 

Andy


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Rang Shoesmiths who told me to ring Arrow as they were no longer collecting this debt on AG's behalf and have closed my account. I asked why they had not informed me of this in advance as I was now One months payment missing. They said they were not required to, all they had to do was return my money. I wonder what would have happened if I had just done nothing. Would Arrow have had grounds to revoke the Tomlin?

 

Anyway... I then rang Arrow who searched for my account and eventually discovered it had no 'collection assignment company' (whatever that means). I was given their bank details and told to send the monthly payments electronically until Im assigned a new collection agent. I asked if I could just set up an SO direct to Arrow and was told no pay electronically every month and, wait for further correspondence. What are they up to?

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Simply a change of " collection assignment company " or in other words... a Solicitor that is willing to deal with them.Its not uncommon and most payments after litigation run through a Solicitor rather than direct to the clients account...I have yet to get to the bottom of why this happens...but I will:-)

 

And yes one missed payment on a consent can be considered a breach...but unlikely to be enforced given the Judgment Creditor is at fault..


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Interesting. Ive not has any correspondence from a new assignee as yet but did send January's payment direct to AG with my reference number on.

 

However, if they dont allocate a new solicitor within a reasonable time would that give me reason to approach the court for a breach as it is a major inconvenience to try to remember to manually pay them each month rather than by the agreed standing order?

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I dont think refusing payment would be considered a breach of the Tomlin Order Toxic...more of an irregularity and inconvenience to yourself.Will Arrow update you when something firm is in place ?


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The guy at AG said I would be informed when a new assignee was in place. However Im getting a tad worried now as Ive had another payment into my bank from Shoesmiths today, equivalent to one months payment. Thats two so far both titled "S'SMITHS CLT LENDE FILE CLOSED".

Im guessing I should make another payment to AG now? Seems a bit strange that Ive got another refund from Shoey's just after sending one to AG. I might give AG another ring.

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Not ideal is it...was there anything in your Consent with regards to missed payments?


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It states they can lift the stay if I miss any payments and that if we cant agree the monthly payment after each 12 month review either of us can ask the court to assess how much should be paid.

 

Ive just rang AG and they now tell me the last payment from Shoey's was in November which would mean two missing payments, so I suspect thats what the second refund is. I've forwarded the money over to AG just now.

 

They guy on the phone (very pleasant manner) said that once my account is taken up by one of their "financial partners", Id have to fill an assessment form in to determine how much I could afford to pay each month. I reminded him that there is a Tomlin Order for a set amount in place which can be reviewed once a year and both parties had to agree. I'm beginning to think they are trying to get me to pay more. Ill wait and see what happens after (if) its assigned. At least If they try to hike my monthly payments up (currently 112 years left to go before its paid off at my current rate) I can go back to the court. My circumstances are the same as they were back in 2013 when the Tomlin became affective.

 

I suppose I'll just have to remember to make a payment to AG electronically each month until then.

 

Maybe AG are trying to sell the debt on and get rid of me. I cant imagine many "financial partners" would want to administrate this ongoing as it cant be worth anything to them. Im paying very little each month, but its all I can afford and they settled ( snatched my hand off) for it.

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Absolutely agree Toxic...no new assessment forms to be completed...just keep the payments going.....can you not put a reminder in your smart phone or PC ?


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Ah! Good thinking. I use a popular online calendar. Why didnt I think of that? haha. Done.

 

 

As ever thanks for the help :)

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