County court claim help please

[Spamalot]

Hey I'm answering my own questions now lol....I've come a long way with the help of CAG:D:D

 

 

Term: Tomlin Order

1.

A Tomlin Order stays a claim on agreed terms that are set out in a schedule to the court order, which remains confidential between the parties and brings the disputes between the parties and the litigation to an end other than for the purpose of enforcement proceedings, if they are required.

These orders are recognised by Part 40.6 of the Civil Procedure Rules and generally take the form:

'The parties having agreed to the terms set out in the attached schedule

IT IS ORDERED BY CONSENT:

1. That all further proceedings in this claim be stayed except for the purpose of carrying such terms into effect

2. Liberty to apply.'

 

The terms of settlement are thus set out in a confidential schedule to the order

 

 

Do I detect a spot of backpeddling by the wonderful MC? :lol:

[fedupwithdebt2009]

Spammy as Churchill would say....."OHHHH YESSSS"!!!!!!!!

 

 

 

 

 

 

(the dog not the PM)

[I've got no money]

This outfit seem to send Tomlin Orders out almost automatically

[fedupwithdebt2009]

Hi IGNM......have you heard they do this alot??

[I've got no money]

Yes - I know other people, including me, that they've done it to

[fedupwithdebt2009]

So what advice would you give regarding entering into a tomlin order then IHNM?

 

We dont have long to decide, and I am happy to go forward with the court action.....

 

fedup

[I've got no money]

If you have a defence or if the agreement is unenforceable or if you don't know whether you have a defence or whether the agreement was unenforceable then I wouldn't. I personally didn't agree to it.

 

In terms of the advantage to a Tomlin Order - if you can afford the instalments - it avoids a CCJ

[fedupwithdebt2009]

hi again.....well this is the thing, the installments they want at first are £10 per month but it states in order that things shall be reviewed every 6 months, so if we DID agree to it, in 6 months we could find ourselves having to pay alot more each month........I dont trust them one bit.

[I've got no money]

Precisely - if they told me it was raining I'd check...

[fedupwithdebt2009]

so wot would your advice be

[fedupwithdebt2009]

bump

[citizenB]

I think only you can know if you have a sufficiently strong case in order to not sign their Tomlin order:)

 

I believe you answered your own question regards the 6 monthly reviews. £10.00 now appears good news. However, 6 months down the line you could be in exactly the same position fighting them off again.

[I've got no money]

I think only you can know if you have a sufficiently strong case in order to not sign their Tomlin order:)

 

I believe you answered your own question regards the 6 monthly reviews. £10.00 now appears good news. However, 6 months down the line you could be in exactly the same position fighting them off again.

 

I think that Citizen B is right

[fedupwithdebt2009]

Ok thanks for replies, I am ploughing on with preparing to hand in my disclosure documents by thursday. I think if they had gone lower with their settlement offer, instead of £3750 (claim is for £7600) .....say around £2500 to be paid over 100 months at £25 ( and no threat of further battles with them) then I would have settled on that like a shot but £3750 is still alot when I have bank statements I have........so I think I will wait for disclosure date (thursday) and see if they send anything.........if they dont disclose then they obviously DONT have anything to back their claim up and I will go for the N244 and pay to force their hand..(it's worth it I think)

 

Will keep you posted.....

 

fedup

[I've got no money]

I think that their settlement offer says it all - is it a proper Part 36 offer - if so when does it expire

[Spamalot]

I must admit I agree with you...but as it's your claim it's your decision and it's always a hard one to make!!

It does look as if they don't have anything to back up their claim and if they did I'm sure they'd be champing at the bit to get the full amount and not trying to make deals.

Hang on in there fedup...we're right behind you and supporting you all the way..... who knows,as they are complete lowlifes they may even make you a lower offer when they realise you really are prepared to fight....

 

Good Luck

[fedupwithdebt2009]

I think that their settlement offer says it all - is it a proper Part 36 offer - if so when does it expire

 

Hi IGNM How do I know if its a proper part 36 offer?? Apparently I have 14 days from 28th to consider........

[I've got no money]

Hi IGNM How do I know if its a proper part 36 offer?? Apparently I have 14 days from 28th to consider........

 

It should say so and should be open for not less than 21 days

 

 

PART 36 - OFFERS TO SETTLE - Ministry of Justice

[fedupwithdebt2009]

I must admit I agree with you...but as it's your claim it's your decision and it's always a hard one to make!!

It does look as if they don't have anything to back up their claim and if they did I'm sure they'd be champing at the bit to get the full amount and not trying to make deals.

Hang on in there fedup...we're right behind you and supporting you all the way..... who knows,as they are complete lowlifes they may even make you a lower offer when they realise you really are prepared to fight....

 

Good Luck

 

 

Thanks spam I know its hard cos I am not looking forward to facing judge etc but I think they bank on that and expect us to settle so we dont have to face it but I am not accepting their first offer....like I said...they will have to do better than that before I walk away!!!! Of course they dont have any evidence or they would have been waving it in front of me by now saying here look at this we have a valid claim......but thats 2 words Marlin dont know intit...."valid Claim"

 

Thanks for ur support, .......comin back attcha

 

fedup

[fedupwithdebt2009]

It should say so and should be open for not less than 21 days

 

 

PART 36 - OFFERS TO SETTLE - Ministry of Justice

 

Thanks have had a nosey....I think they have limited it to 14 days because the judges order in this case states all disclosure served on all parties by 7th May 2009 ( thursday) and all requests to see actual doc's by 14th May 2009 so......u see.....14 days!!!!!!!:-| It's probably more for their benefit than mine cos I am happy to carry on.

[fedupwithdebt2009]

Also.....have been typing up a new "schedule 1" and have listed what I would settle for....how tempting is it to sign THAT copy and send it back .......I wonder if they would notice!!!!!!!

[fedupwithdebt2009]

Whats "Protracted Litigation " mean?????

[creditcardmug]

"endless waffling" springs to mind:D

[fedupwithdebt2009]

"endless waffling" springs to mind:D

 

 

 

Thanks for the explanation CCM!! :eek:

[I've got no money]

"endless waffling" springs to mind:D

 

I'd agree with that...still it keeps the court service in business and the lawyers making money...