A+L/Shoosmiths Claimform going for CCJ/CO - Unsecured loan **SETTLED BY TOMLIN**

[bozalt]

Hi Els

 

The typos are mine I am afraid!

 

I will request that they amend to your suggested format, thanks for pointing that out.

 

Many thanks

 

B

[bozalt]

Hi All

 

Could I ask for your views on the following being sent in response to the Tomlin order?

 

Dear sirs

 

I write with reference to your letter dated XX March 2010, received on XX March 2010 in relation to the above and my conversation of XX March 2010 with your XXXX.

 

I would like to request a breakdown of the sum shown in the Tomlin order as the last statement received from Alliance and Leicester dated XX November 2009 shows a sum of £XXXXXXX outstanding, subsequent to this balance four further payments of £XX.00 have been made together with costs awarded in my favour of £80.00 to be offset against this balance.

 

I would also request that paragraph 3 of the schedule is amended along the lines of the following;

 

'Should the defendant fail to make any of the payments referred to in paragraph 2 of the schedule then the claimant shall be entitled to apply on notice for the stay in proceedings herein to be lifted and judgment to be entered against the defendant for the sum of £(TBC) less any payments received pursuant to paragraph 2 of the schedule prior to the date of judgment.’

 

I would be grateful if you could forward a breakdown of the sum together with an amended Tomlin order for the correct value. Upon receipt I will return and arrange for the first payment of £XX.00 to be made prior to 1 May 2010.

 

Many thanks

 

B

[citizenB]

YOu dont want to agree to their costs either . Are you going to ask them to remove those ?

[bozalt]

Hi CB

 

That was the point I was trying to make to them but wasnt quite sure how to word it, should I be more direct do you think?

 

I was not quite sure how to get that across in the letter, do you have any suggestions as to how I should word my letter?

[citizenB]

With respect to your costs of £900.00. I do not believe I should be responsible for these and request that you remove this entry from the Tomlin order.

 

Something like the above perhaps ? It might be a good idea to pm foolishgirl or the Shadow, who are pretty good at drafting responses to such situations.

 

HTH:)

[AndyOrch]

Just draft the TO as you require it to ease your mind Bozalt/All TO are standard drafts, request the removal of their costs and the reduction of your cost as ordered by the DJ dated XXXXXX......and then you are happy to proceed.They will comply both, parties happy;)

 

Regards

 

Andy

[bozalt]

Thanks CB and Andy I will draft something this weekend and send off. The problem is I am not sure what costs they have added but I calculate to be around £935 based on the last balance that was shown as outstanding.

 

Thanks once again, have a good weekend.

 

B

[bozalt]

Hi All

 

I just wanted to run my revised version of the Tomlin order by you before I sent it off with a letter requesting Shoos costs and costs awarded to me deducted.

 

Its identical to the Shoos version with the exception of revised figures and the amendment advised by Elsinore. There is a line in the Tomlin order that states; 2. Costs in the case, which is causing me concern.

 

As I am asking them to remove their costs from the order should that be removed? I am not quite sure what this line actually means but am concerned that they want me to meet their costs to date as a condition of the order, any pointers on that would be be appreciated.

 

I have reproduced the Tomlin order below;

 

_________________________________________________________

 

UPON the parties agreeing the terms of settlement set forth in the schedule hereto and having endorsed their consent to this order:-

 

1 All further proceedings in this matter shall be stayed upon the terms of the Schedule to this order save that either party shall have permission to apply to the court to enforce the terms of the said schedule.

 

2 Costs in the case.

 

SCHEDULE

 

1 The Defendant shall pay the Claimant the sum of £XXXXX.XX in full and final settlement of the sums claimed in these proceedings.

 

2 The said sum of £XXXXX.XX shall be paid by the Defendant to the claimant by instalments of £XX.XX per month with the first payment to be made in cleared funds on or before the 1st May 2010 and subsequent payments to be made on or before the first day of each subsequent month.

 

3 Should the Defendant fail to make any of the payments referred to at paragraph 2 of the Schedule above then the Claimant shall be entitled to apply on notice for the stay in proceedings herein to be lifted and Judgment to be entered against the defendant for the sum of £XXXXX.XX less any payments received pursuant to paragraph 2 of the schedule prior to the date of Judgment

 

We confirm the Order in the above terms.

 

Solicitors for the Claimant Defendant

 

Dated this day of

 

____________________________________________________________

 

As always your advice in this matter is greatly appreciated.

 

Many thanks and best regards

 

B

Edited March 23, 2010 by bozalt
Personal details shown!!

[bozalt]

Just thought I would let you know they were not keen on dropping the costs although they did amend the figure down by £5k, I am going to amend the figure to take into account costs awardd in my favour and further subsequent payments and swallow their costs I think!

[ifoughtthelaw]

Hi Bozalt,

 

How did it go - what did you decide to do in the end and have you signed anything yet?

 

IFTL x

[bozalt]

Hi IFTL

 

Thanks for looking in, I hope all is well with you. There has been some negotiation regarding costs etc but they will not budge on these.

 

As I am happy to continue paying the agreed monthly reduced payment so I redrafted the Tomlin as per Andy's advice but to include their fixed costs, deducted costs awarded to me and subsequent payments made and returned it.

 

I had the Tomlin looked over by a friend with legal background and I am just awaiting confirmation of acceptance and also that the court date has been vacated. Hopefully this will be the end of it all as long as I maintain the payments the threat of court and judgment will go away.

 

All the best

 

B

[bozalt]

Hi

 

Just thought I would update you regarding the situation, as it stands the court date still has not been vacated although the Tomlin has been signed.

 

Due to attend court next week so will update you then.

 

All the best

 

B

[bozalt]

Hi All

 

Just to let you know the Tomlin Order was finalised and agreed in court this week, so a charging order or judgment has been avoided.

 

Many thanks to everyone for their interest, advice and support in helping me get to this stage. It is such a releif to know this is dealt with at last, I would never have managed to get this conclusion without the great people here.

 

So once again THANK YOU ALL and all the best.

 

B

[AndyOrch]

Hi Bozalt

 

Delighted that this matter has been concluded to your satisfaction with of course the avoidance of a CCJ.Nice when a plan comes together.

 

Kind Regards

 

Andy;)

[bozalt]

Hi Bozalt

 

Delighted that this matter has been concluded to your satisfaction with of course the avoidance of a CCJ.Nice when a plan comes together.

 

Kind Regards

 

Andy;)

 

I am very happy with the outcome, when I first started I did not think a CCJ could be avoided but with the help of yourself and others on the board its not worked out bad at all.

 

I am very happy and grateful

 

Cheers

 

B