MBNA/Optima Court action

[AndyOrch]

Hi Andy,

 

Hope your around for a bit of advice. Ive heard nothing since you last helped me. Just keping an eye on dates.

Is (date + 4 weeks) 4 weeks from when i sent back my AQ back?

(which was sept 1)

As ive heard nothing, should i start filling in the N265?

How do i make sure the havent gone for summary judgment?

 

Just wait until your recieve Notice of Allocation the Claimants Proposed Directions are not set in stone until you recieve them with the AN and the DJs order.Check reg with your CC to see if the Claimant as made any application and also as to what status your case is at.

 

Regards

 

Andy

[MisterV]

Hi,

 

Not much been happening here recently but as ive had great help so far (especially andyorch) i could do with a bit more.

 

Since my last post I am now at the stage where the stay period has been extended in order for both parties to attempt settlement of the debt.

 

The letter I received from Optima basically says , this is what you owe, pay the lot.

However it also invites me to withdraw my defence to enable judgment against me, and after that they will then consider offers.

 

I am prepared to make a full and final offer, but surely I cannot accept to the above before doing so? I have a good template F&F letter, shall I send that without mentioning the above and would I have to send a copy to the court or just advise them of my actions?

[AndyOrch]

I Mr V

 

You dont have to accept judgement to enable an agreement/FFS simply invite them to consider your offer and at no time you intend to withdraw your Defence.Perhaps a Tomlin Order may be prudent if matters are stalemate?

 

Regards

 

Andy

[MisterV]

Thanks andy, I will make them an offer without predjudice.

 

Shall i say i am not prepared to withdraw my offer?

 

Mention Tomlin order or wait?

 

Inform court ive made an offer?

 

sorry meant not prepared to withdraw defence (not offer)

[AndyOrch]

Thanks andy, I will make them an offer without predjudice.

 

Shall i say i am not prepared to withdraw my Defence? You can state that you intend to proceed to trial and your Defence stands

 

Mention Tomlin order or wait? Might as well let them know that settlement can be achieved without judgement

 

Inform court ive made an offer?

Nope just dont do the letter headed WP

 

Andy

[MisterV]

Thank you, your help is much appreciated.

[MisterV]

F&F letter sent today, will keep everybody informed. I have seen in the past threads where people have asked how successful these letters have been, so hopefully I will get a positive result and we can all see what happens.

[MisterV]

Hi and Merry Christmas to all,

Nearly there on this particular fight, just need a little more help please.

andyorch, couldnt have got this far without your help !!

 

I have reached an agreement to settle this, wont mention amounts but I think it is going to be ok for me.

 

I have asked for clarification that this is F & F settlement and the default lifted.

 

Probably wont get the default removed as they havent mentioned that request or that it is F&F.

 

What they have sent is a Tomlin order setting out the payment schedule.

They have asked me to sign and return it.

 

It does say "The claimant and the defendant agree that provisions of this scheduke are confidential and shall not be divulged by any party to any third party whatsoever".

What does this mean?

 

I am happy to do this but do not want to be chased for the balance, I obviously want this to be the end of the matter.

Advice please.

[diddydicky]

it means that if you agree to it you cannot disclose the terms of the settlement to ANYONE else

 

- this is why sometimes threads "fizzle out" because a non disclosure agreement has been agreed

[MisterV]

Does that also mean that they cannot disclose it to anyone else too? Therefore i cannot be pursued for any further money under this agreement? Also if this is done through the court i have some protection? Done want this coming back to haunt me.

Also will it show as settled on my credit file?

[diddydicky]

a lot of people worry unecessarily about f and f's

 

so long as the document makes it clear any payment is in full and final settlement no court will entertain any shenanegins at a later date

 

be sure however to incude the words "in full and final settlement of all matters between the parties" to prevent them coming back at you with a DIFFERENT claim

 

BOTH parties are bound by the confidentiality clause

[MisterV]

Should I write that this is in F&F settlement where i sign it?

Or add it to the schedule ? There is no mention of F&F on this document.

 

They have asked me to send it back to them so they can lodge it at court. Should I send a copy to court also?

 

Sorry if i sound paranoid but I just cannot afford for this thing to come back and haunt me.

[MisterV]

Another thought - should i also request the account as "satisfied"?

Is that the correct wording?

 

Anybody? Is a Tomlin Order as safe as Full & Final ? Plus questions above?

[AndyOrch]

Hi MisterV

I trust you had a good Christmas and New Year.

 

Ok a Tomlin is completley different to a FFS.Tomlin commits both parties to an agreement that can only be varied by recourse of further Court proceedings.FFS is final, end of the matter providing it is watertight but a Tomlin can be used as a controled payment plan and providing you stick to the terms of the Tomlin, is also the end of the matter.

 

Regards

 

Andy

[MisterV]

Yes andyorch, and a Happy New Year to you..

 

So, providing both parties follow the terms of the agreement when it ends thats it?

No second bite at the cherry for another DCA?

Will my credit file show it as satisfied?

 

When i sign do i send a copy to the court?

[itsamomentintime]

tomlin orders are bad news from what i have read on here

[MisterV]

In what respect? (sorry about todays score)

[itsamomentintime]

In what respect? (sorry about todays score)

 

 

they are usually biased on one way - i.e. in the creditors favour

 

dont sign a tomlin order

[MisterV]

Thanks for your advice but isent everything weighed in the creditors favour?

Its ok saying dont sign a Tomlin Order, this forum is about help/advice and sharing information? Have you had a bad experience?

 

If you are about andyorch i could really appreciate one last push here to get me over the finishing line and then i can make my donation to this site. If it didnt exist and the people who make such huge contributions werent here - i could never have come this far!

 

Got to get this in the post in next 24 hours, so help quick please !

[itsamomentintime]

Thanks for your advice but isent everything weighed in the creditors favour?

Its ok saying dont sign a Tomlin Order, this forum is about help/advice and sharing information? Have you had a bad experience?

 

If you are about andyorch i could really appreciate one last push here to get me over the finishing line and then i can make my donation to this site. If it didnt exist and the people who make such huge contributions werent here - i could never have come this far!

 

Got to get this in the post in next 24 hours, so help quick please !

 

 

no not personally but a site mod (cant remember which one) advised against it

[itsamomentintime]

having quickly read your thread it seems that the status quo is that MBNA wont have your ORIGINAL CCA

 

if this is the case, the court CANNOT force you to pay anything

 

a tomlin order however is an agreement to pay

[pompeyfaith]

IMHO Any tomlin should only be set out and drawn up by a judge in front of both parties because if you send it too optima what is stopping them changing it before sending it to court plus having hard evidence of optima's tactics i for one do not trust them PF

[itsamomentintime]

In what respect? (sorry about todays score)

 

 

dont wanna talk about it

[MisterV]

Hi Pf, good to hear from you again, hope you are well.

Could do with your help here. I your remember following your thread and you going to court and having a judge that wasent too clued up on CCA's?

 

We all run the risk when going to court and hope that we get a judge who is understanding and knowledgable on these matters.

 

I have a "copy" of my CCA that MBNA sent, do they have the original though?? Isent this the gamble?

 

Interesting you have had dealings with Optima, your advice would be appreciated. Are you around today to give me some help? Running out of time !

[pompeyfaith]

yes im around please please tread very carefully with optima im back in court with them on the 14th Jan and it relates to contempt

 

remember that they do not care about your interests and there ultimate goal is a CO they will ignore cpr rules,sra code of conduct mislead the court and produce forged docs yes i have all the proof as does the court