HSBC solicitors northampton claim -help pls

[angel_1]

hellooooooooooooo CB..wow thank you for being so quick

 

thank you would appreciate that,,,, that is my main worry too, ive done what you wonderful people have said and its worked that im not yet in court and im really not sure whether the threat of court is their last ditch at this knowing that ive challenged them before now ,,,,can i stop this now from going anyfurther as it s now a fair few years from contact with them

 

i will see what andy says now as yes i too would like to see what their reply to the delay although they graciously apologise awnd that my position by the stay has not been prejudiced in any way,,,,, and whilst they also would like to conclude this they would consider a settlement offer from me too,,

 

well now rereading the whole letter it certainly makes out it give me options but not mentioned the outstanding credit card agreement in anyway,,,

 

i will look in again in a bit lovely to hear from you so soon thank you again cheers angel x

[citizenB]

Hopefully he will be able to look in over the holiday. There is very little you could do before hand I think as the Postmen have the Bank holiday off (and rightly so)..

[angel_1]

hahah of course CB thats fine we have waited so long a few more days wont harm and even if i have to write or fax them i could do that next week, the advice from andy may even be go for the strike out myself and that i dont have to inform them of that - not sure the legal aspect of that but hey i will work with is best for me, if i have to write to them, i can fax them on the day i get a reply from andy which is no prob at all,

 

again im sorry its taken this long for me to get better but im ready to face it all as ive learnt from my illness, we are on this planet for a short while and we must do our best to live correctly and not worry about stuff that is going to not kill us like this court case, i remain always positive for a fair outcome and i will heed the advice given of course.

 

have a fun day laters angel x

[citizenB]

Definitely there are more important things in the world, as you say I hope you are well n truly better now

[AndyOrch]

Hi Angel responding to CB,s S.O.S,

 

What are the terms of the Tomlin Order favourable or same amount as the summons? You can use this olive leaf to negotiate (look up GF2K thread just successfully negotiating a Tomlin for 10% of the value!! Your option to Strike Out is an option but may be risky if they set a side or do in fact strike out your defence.

 

Regards

 

Andy

[angel_1]

yes CB i am thank you and thank you for sending the sos to andy - im off to have a bit of lunch hadnt realised the time, and if i need to scan the full letter i can do that but ive put in the best bits of the letter on my earlier posts, hope thats okay to get the gist of it im sure you all understand it where im at and what im asking for assistance on

 

laters angel x:-)

[angel_1]

hiya andy

 

thank you for being so quick

 

the letter at the moment talks about a tomlin order and what it is, ansd they are asking me to respond by next week if i wish to enter into repayment negotiations or if i intend to continue with my defence or in the absence of a responce they will apply to seek an order to strike out my defence and request to enter judgement against me for the full amount and once judgement been awarded may take enforcement action against my assets to obtain payment,

 

also they state in view of the time that this case has protracted for the client is willing to conclude this matter without further incurreence of unnecessary costs and we are prepared to enter into a repayment arrangement whereby the sum outstanding would be payable by monthly installments also the client is agreeable to consider a settlement offer in order to bring this case to a conclusion.

 

the terms of the agreement would be contained in the Tomlin Order which if you are happy with the content needs to be signed and returned, which then the same would be sent to the court for their file and we would provide you with a sealed copy of the order on receipt.

 

--- parts above from the letter does that now make more sense, sorry i was going to try and scan up the letter if that helps you more later

 

so maybe like you have said if i can negotiate 10% to end this sorry mess would be a good start but how likely is that if the debt is over 6k?

 

cheers angel x

[AndyOrch]

Before you agree any Tomlin Order I would have to see the exact wording of the draft, providing that you are protected and you can negotiate a good discount,IMHO would be the best way to proceed with this matter.Take a read of GF2Ks thread all the answers are there.

 

Regards

 

Andy

[angel_1]

yes thank you andy have found the thread and i will read that firstly and understand that more now and then, i update my thread so am i quickly understanding that this tomlin order is not admitting the debt but to get an agreement that both parties are happy with and then its either a full and final one off payment as settlement or a monthly payment settlement for say an agreed amount and an agreed set of months?

 

just scanning through that thread but i wish to read it from the start to the end

 

cheers angel x

 

will be back later late lunch beckons lol

[slick132]

Hi Angel,

 

I see you've already had some good input again.

 

If they have still produced nothing more than an application form which lacked the necessary Prescribed Terms, this should leave you in a strong position to negotiate a favourable F&F settlement.

 

[angel_1]

hello slick

 

yes not had anything else from them since the original info they sent , so not sure now what i need to do is it me that responds to them to say im willing to enter into negotiations? or do i state what i would like to offer as a full and final settlement, and then my questions are what if they refuse my offer? what if they will only state an amount i cannot meet? what does it then go to trial or am i ahead of myself now?

 

Does all this then done in writing from me to them?

 

am going to read around the site for other tomlin orders threads and see and ive read the gforce2k one and wow they got away with 10% on a 12k debt,,,, that i can meet on too as mine is half that amount,,,,

 

so hope to catch up later see ya laters angel x

[slick132]

Hi Angel,

 

Firstly, anything you agree to in terms of monthly payments MUST be a figure you can afford, so you can safely maintain the payments and avoid any further court action. The Tomlin Order will probably give the sol'rs the option to seek judgement against you if you fail to pay as agreed.

 

Secondly, we really need to see the draft Tomlin Order, as Andy has already said.

 

[angel_1]

hiya slick in reply to your latest responce - yes i now understand that i have to maintain the payments which i agree,,, but for the time being do i just respond to agree to their request for a tomlin order negotiation and let them know im willing to look at a tomlin order to get this sorted, but when do i make my offer of what im willing to pay and maintain,

 

do i wait for them to send the drafted tomlin order? which they could state the full amount or

 

do i then respond to what they have drafted up and put my offer on the table so to speak and is it then until we both agree to the amount is then the tomlin order drafted for both of us to sign, i think thats what andy was saying that he would first like to look at the drafted tomlin order to make sure im protected,,,thanks andy, i hope ive understood you both

 

if i need to just reply back to their letter to say yes i am willing to negotiate with them for a speedy resolution and agree that a tomlin order can be drafted, because of course if i dont reply then they have said they will try to get my defense struck out and they will go for judgement

 

i wil look in again later today cheers angel x

[AndyOrch]

Respond in writing or by telephone that you are willing to consider their proposed TO and look forward to receiving their proposed draft to give it your utmost consideration.

 

Andy

 

If by telephone back it up in writing, dated, recorded delivery

Edited April 12, 2012 by Andyorch

[angel_1]

hiya andy many thanks for your quick reply will do and then i will let you know the responce i get back and then i guess we can work out the best way forward from their reply

 

again much appreciation for your continued support together with others on this thread of mine

 

cheers angel x

[angel_1]

hello andy and all

 

have received info but post very late delivering it as they only sent it normal post not recorded or anything and now they want an answer within 7 days but its unclear if they mean by the date on the letter then im already late as i didnt get the envelope til yesterday - am i to scan the whole documents here on my thread or should i just email them to you so its private not sure how to do it now cheers angel x

 

also now re reading it again i find that its quite more in their favour with costs beared by each party, and have done it on the whole amount over 5k

 

i only sent a letter saying i would consider it, but i am unable to pay the amount they want monthly my budget would not allow it unfortunately, also i read on other threads

about reclaiming late payments etc to reduce the amount, how and when is this then done?

 

Should i just write a short note to them explaining of the late arrival and that i am considering it and will reply back by next week a date we are happy with and then we can look into all the options - im worried if i dont reply they will just go ahead and apply to the court to strike out my defence and go for judgement

 

what do you guys reckon now please

 

cheers angel x

Edited April 26, 2012 by angel_1

[AndyOrch]

Scan them in here Angel.

 

Andy

[angel_1]

okay andy i will delete any private info and amounts for privacy and will try and scan here for you im not that good at scanning hope i can do it, as dd helps me and she is at college, bear with me cheers angel x

[angel_1]

trying to scan retrying again

Edited April 26, 2012 by angel_1

[AndyOrch]

You need to upload it as a PDF Angel

[angel_1]

thats why im struggling in my drop down menu i cant see a pdf only stuff like jpeg,,,but i think ive saved in in pictures and i cant save it as a document , will keep trying

 

 

think i have cracked it ,,be back soon ive changed it on my scanner settings to what you said, cheers

 

got one more page and i will delete the one thats really small too, so should only show the 3 pages in total thanks for your patience i will have to take time out to learn this properly for future thanks

Edited April 26, 2012 by angel_1

[AndyOrch]

Courtesy of DX100

 

 

scan the required letters/agreements/sheets

as a picture[jpg] file

don't forget you can use a mobile phone

or a digital camera too!!

or convert them to .PDF

ENSURE: remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

or if you have PDF as an installed printer drive use that

or use word and save as pdf

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

dx

[angel_1]

hi andy,,, ive scanned the 3 pages on post 119 but having seen your last post i will use that as my future guide thanks ,,,ive now realised ive deleted the dates and figures do you need them still ? will put them in this post if you wish

cheers angel x

[AndyOrch]

Thank you Angel

 

Ok what as been agreed as a monetary figure is between you and the Claimant at which you must be satisfied as acceptable.With regards to the TO just a few anomalies I would try to negotiate out if you could.

 

The review should be 12 mthly and the Sec69 interest is ambiguous to say the least and not in your interests should you ever default.

Your defence does not need to be withdrawn as the matter is simply stayed during consent.

Should a default happen then both parties have recourse to approach the Court before any Judgment is enforced.

 

Regards

 

Andy

[angel_1]

hiya andy

 

thank you for the info,

 

the amount has been rounded to a figure over 5k and the monthly amount i cannot afford they had sent me a income and expenditure form but wanted my partners income and expenses too, but i didnt send that back to them to see what the offer was

 

i agree at least 12 monthly and yes the interest if i default suggests to me that they can charge this on the outstanding amount yet if i went to court i could argue against that couldnt i> ?

 

also i want only to give my income and expenditure details as this is a sole debt and not joint and a credit card debt

 

so do i today send them a letter informing them that i will post them my income and expenditure form and that i dont agree with the 6 monthly review and also regarding the interest

 

so for example i say offer them 10 % of what i owe which my i/e would properly support to be able to pay them over say a couple of years could i try that as my responce?

 

also your last sentence so if i did fail to make a payment i need to have that sentence also put into the tomlin order?

 

i await your reply cheers angel x,

Edited April 26, 2012 by angel_1