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Hi craftygirl, no not a thing:eek:.......but then I never thought I would!!! Sent them a letter yesterday telling them we wont be signing their tomlin order so will see what happens next. Had a thought that they probably will have written to court blaming us for the delay in them submitting their ""evidence"" but hey ......whatever lol......:rolleyes:

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Hi some news here guy's.....had response to my letter from the other day. They have now removed the "6 month review" clause and will allow us to pay £10 per month until its paid in an attempt to avoid it going to court.....shows they have no proof.

 

So, have some thinking to do this weekend now...do we or dont we :D

 

Keep up the fight guys ;)

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  • 1 month later...

Hi guys long time no moaning LOL!!!!

 

Hope your all ok and coping with your lot.

 

Cannot WAIT for tonights channel 4 programme about debt collection (8pm!!!!):D

 

Anyways.....an update.....

 

Hubby (in all his wisdom :confused:) decided we should sign tomlin order, and avoid court (think he got cold feet) so we did sign it. that was before the end of may.

 

Then we waited to make the first payment of £10 by 31st may.

 

Nothing from court saying thats ok, its sorted. I rang MC to tell em in no uncertain terms am I parting with ANY money whatsoever before I get confirmation from the court. She was ok with that and put it in writing...

 

One month later a letter from the delightfull and very talented Mortimer Clarke saying "OOOpppppsss, we made a boob in the wording of the tomlin order so we have CROSSED it out (!!!!!!!!!!!!!!!!!!!!!!!!!) and would like you to INITIAL the alterations please or the judge wont play ball.

 

Aaaaarrrrrhhhhhhhhhhhhhhhhh:rolleyes:

 

So. We initialled the croossey out bits and sent it back.

 

we waited........another month.....

 

Friday we gets ANOTHER letter from MC.

 

Can you guess what it said yet????

 

Oh yes, they had made ANOTHER big booby and so the judge slapped them round their face and told em to sort it out.....or else!!!

 

The tomlin order now looks like we are trying to play noughts ansd crosses with it. :eek: They had worded it so that it sounded like a judgement and if the judge had passed it then in effect it WOULD have been a judgement. Glad HEs on the ball then..................

 

Mortimer Clarke, PLEASE retype my nice tomlin order......it wont take you 2 mins I promise, and the Judge would also be impressed.......:D

 

This is how slack they are..........when the court knocked back the order they send MC a RIGHT letter telling them off (hahahahahahahahahahahahahahhahahahahhahahahahahahahahahha)

..........sorry............

and MC only attatched THAT letter to my lovely tomlin order and sent it to me to have a good laugh at.

 

I am just SOOOOOOOOOOOOOOOOOOOO tempted to say lets fight it but Its in joint names and if hubby wont play ball then theres not much I can do......

 

Will keep you posted on this MC saga......How bad at their job are they!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Cheers for reading

 

Am off to my support group theropy now...............Its called " how to get over your urge to ring up MC and make rude noises down the phone at the nice proffessional lady on the other end before rolling on floor peeing yourself laughing"

 

notsofedupanymore :D

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Good to see you back Fedup :)

 

It's also good to see that MC are still struggling to get things right. Lets just hope they stay that way for at least another month til I see them in court.... looking forward to tonight too... I wonder if any of my comments will be featured..:rolleyes:

 

Spam.:)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

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Glad things are ok with you Fedup. We are still fighting them at the moment, but its gone quiet. We have also signed a Tomlin and not heard from the Court as of yet. They are still sending threatograms re other debts, but they can carry on as they havent supplied the necessary documents.

 

I was invited to appear on the programme tonight, but decided against it, but a timer was set last week when it was first advertised, so will be watching.

 

Take care everyone

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Yes well I had plenty to say so am "sky plus"ing it lmao!!!!:D

 

How utterly useless are they. I am looking into my next move with these, as to what happens if I DONT send the order back signed. I HAD thought of just sending them a letter saying "SEE YOU IN COURT!!" but thats against hubbys wishes. If I was confident he could handle it then thats what I would do ........but hes defendant 1 soo.........now if I was defendant 1 that would be a different matter......;)

 

Anyway.....

 

Sending you cyber support as always spammy......take care

 

 

 

 

oh, and SOCK IT TO EM :D

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Hiya craftygirl hope your ok :)

 

Did your tomlin order have the following sentences :-

 

" AND IT IS FURTHER ORDERED that the parties do perform and abide by the terms set out in the schedule hereto"

 

and

 

" The defendants WILL repay the agreed sum by making consecutive monthly payments blah blah blah....."

 

The first sentence has been crossed out as ordered by the judge and also the second sentence should read

 

" The defendants agree and consent to repay the agreed sum by making blah blah...."

 

The second one was what the judge make a big deal over as it is in effect the wording of an actual judgement apparently.........he was NOT impressed......;)

 

have a read of your copy crafty.....you could be in for a long wait too!!!!

 

fedup :D

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Someone on here, cant remember who, said cant if you have agreed via a tomlin to an amount and you decide not to continue that route, then Marlin can produce all the 'Without Prejudice' letters to the Court. But there again, this is them messing up, not us changing our minds about the Tomlins.

 

This case has been stayed until the 3 August, so wonder what will happen then!!!

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Someone on here, cant remember who, said cant if you have agreed via a tomlin to an amount and you decide not to continue that route, then Marlin can produce all the 'Without Prejudice' letters to the Court. But there again, this is them messing up, not us changing our minds about the Tomlins.

 

This case has been stayed until the 3 August, so wonder what will happen then!!!

 

I think that may have been me...

 

Basically the phrase "without prejudice" only applies in negotiation. Once the negotiation has been concluded then you lose the protection of the privilege. However the negotiations must have been concluded.

 

I'm not sure (because I haven't seen the correspondence) whether that has happened here. You see usually what happens is that a Tomlin Order is agreed in correspondence and then signed - I'm not sure whether that is the case or not.

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Thanks IGNM, thought it was you, but wasnt totally sure.

 

Sounds as though MC have found out that some of the wording of the Tomlin Orders isnt acceptable and now want some to sign different things.

 

My order was sent back and signed some weeks ago, but its not been acknowledge by either MC or the Court.

 

Was wondering they can do this, or if negotiations have to be reopened from the beginning. As we have agreed to something different

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Thanks IGNM, thought it was you, but wasnt totally sure.

 

Sounds as though MC have found out that some of the wording of the Tomlin Orders isnt acceptable and now want some to sign different things.

 

My order was sent back and signed some weeks ago, but its not been acknowledge by either MC or the Court.

 

Was wondering they can do this, or if negotiations have to be reopened from the beginning. As we have agreed to something different

 

That's what I was thinking but to be honest I'm not totally sure - I think it depends on exactly what the amendments are. I know that I'm not being particularly helpful but its' one of those grey areas...

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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It took ages for the judge to throw the order back at MC, and then for them to mess up AGAIN, well...........I think my advice to anyone signing a tomlin would be look out for how its worded, as you mite end up signing something along the lines of an actual judgement ....and i would not know how we would stand with that!!!

 

Wait and see craftygirl, hopefully your judge will spot the mistakes too and refuse to grant them it untill its word perfect.

 

After all, the purpose of a tomlin is to avoid having a judgement.

fedup

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Also i would clarify with MC that your not going to be paying ANYTHING to them UNTILL you get a signed order from court. They will then put it in writing and your safe.....cos I was concerned they would be going to court saying we had defaulted on the order even tho it had not been granted!!!!!

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Does any1 know if we could write to the district judge and ask him to reject the order and carry on with legal proceedings?

 

Just a long shot......

 

veryfedup and miffed at marlin:mad:

 

Have you thought about ringing the court and asking for some advice on it?... I. e you've seen the programme so you don't trust them and want to withdraw is there anything you can do...

 

When the going gets tough and all that..:rolleyes:

 

Spam.:-)

[sIGPIC][/sIGPIC]

 

They say money talks......mine just keeps saying "Goodbye"

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  • 3 weeks later...

Well its all over for us now. Sniff....

 

Had "general form of judgement or order" today.....

 

Different district judge.......

 

Just says "by consent" etc

 

All proceedings are stayed etc. as long as we abide by the tomlin order we are ok.

 

So thats that then. Unless Mortimor clarke decide otherwise. I feel very sad that I wont need to ring them any more............:D

 

Unless I make just ONE more phone call to them, Mortimor clarke I mean,....or was It Marlin......or even Pheonix recoveries..........whoever, still the same bloomin monkey on the other end!!!!!:mad:

 

lets hope they dont find any other old debts of mine that may or may not (alledgedly) be floating around out there!!!:D

 

fedup

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CONGRATS NOT SO FEDUP NOW!

Keep away from that phone, you know what the therapist said:p

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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