HSBC solicitors northampton claim -help pls

[AndyOrch]

The amount affordable is set by your income not your partners and is of no concern to them. You need to make a monthly payment that is acceptable and affordable to both them and yourself

once you have agreed the payment terms then you need to tweek the TO to the points I have referenced above.

 

12mth review.

No s69 interest because if the agreement does not allow it then then neither would the court award it.

Your Defence is not to be withdrawn and stands.

In the event of any review not being agreeable or a default in monthly payment then both parties have recourse to approach the Court before any judgment is made final.

 

Simples !!!

 

Regards

 

Andy

[AndyOrch]

Duplicate

 

Regards

 

Andy

[angel_1]

hiya andy

 

brilliant,,, thanks so today i need to send my income and expenses which would them show them my affordibility amount im offering them.

Do i also put into my responce that im also wanting the following inserted in the tomlin order before i sign it

 

1. 12mth review.

2. No s69 interest because if the agreement does not alow it thn then neither would the court award it.

3. My Defence is not to be withdrawn and stands.

4. In the event of any review not being agreeable or a default in monthly payment then both parties have recourse to approach the Court before any judgment is made final.

 

i then can work with this but it will also show that if they persued me in court i would still show the court my income and expenses and would only end up paying that anyway if i lost but i still have not had the copy of the cca that is enforceable.

 

Could i also put in my letter that if this is not satisfactory to them that i ask again for the copy of the Consumer Credit Agreement that I have signed to which they have still failed to supply to me even after my CPRu reqest. I have relooked at what they did send and it was an application form only and also i got a default letter but never anything else, so hence my low offer to them.

 

your last thoughts please

Edited April 26, 2012 by angel_1
added bit about the application form only received

[AndyOrch]

Hi Angel

 

Yes that's the way to go, in the event that the TO cant be agreed then the matter proceeds to trial anyway, when the claimant offers the option of a Tomlin Order it usually in the interest of both parties to avoid trial and further costs, sometimes its because the Claimants case may fail and they are happy to accept this method as a conclusion to the matter.

 

Forget CCAs for the moment that is an aside to the TO process and try to thrash out a consent that is acceptable to both parties.

 

Regards

 

Andy

[angel_1]

okay andy understood the way forward now

 

i will offer my offer which will be in line with my income and expenses and include the 4 points too, and then see what they come back with - if its not acceptable to them im happy to go to court on this one and as im already paying a ccj on another creditor with a low amount monthly i cannot see what the diff another ccj and low amount offer will make to my circumstances, after the illness of past few years im taking all this in my stride and ensuring im not going to become ill again over debts.

 

thanks for all your help again much appreciated

 

angel x

[AndyOrch]

Best of luck Angel I'm sure they will accept your offer and amendments.

 

Keep your thread updated with what transpires.

 

Regards

 

Andy

[angel_1]

Thanks Andy, will do for sure so others can be helped too,

 

cheers angel x

[slick132]

Hi Angel,

 

Great support here from Andy.

 

Don't let them force you into paying any more than you can reasonably afford.

 

[angel_1]

hiya slick

 

dont worry feeling sharp and they wont get anymore even if they did persue me to court, the earnings are just not there, so will hang around for a reply now will keep u all updated dont worry, cheers angel x

[angel_1]

hiya andy and slick and all

 

have had a rejection to my offer, also have had a letter from the inland revenue my child tax credit no longer being paid so that reduces my income now to what my offer was, drat!

 

can i just reply to them advising that im taking further legal advice and get back to them within the next 7 days or something as only got the letter 2 days ago and again pressuring me with a reply within seven days of theirs being sent.

 

i will go and find the letter to update more of what it says brb

cheers angel x

[AndyOrch]

Hi Angel

 

If you could either upload the letter or type it out verbatim (less any personal details).The devil is in the detail.

 

Regards

 

Andy

[angel_1]

[ATTACH=CONFIG]35143[/ATTACH][ATTACH=CONFIG]35143[/ATTACH][ATTACH=CONFIG]35143[/ATTACH][ATTACH=CONFIG]35142[/ATTACH]

 

 

hiya andy

 

sorry scanner not working and treid to download some kind of fix update but still struggling, im going to type up on a word document then try and attach it that way, it might have been quicker as im a fast typist, lol

 

BLIMEY,,im even amazed myself ive got to change it to pdf too, lol will now type up the next more important bits, brb IM GOING to just put it all on one document, so give me a while cheers,

 

Done it should all be on the above attachement now cheers angel x

 

my initial thoughts

1. first reveiw is in 6 months time and not 12.

2 they have given the full amount and only decreased it by a 3rd, so would end up paying 2/3rds which well, that may a bit better than claiming back any card late payment charges if i could anyway, but still a lot more that i can pay at this rate it looks like nearly 20 years!!!!

3. if i default even by one day on a payment or reveiw they go for the judgment.

4. they have failed to send me the info on my cpr request and took years to get back to me and now i feel its all on their turf so to speak.

5, do i take a chance in court and if i lose i end up with more payments but maybe a lower monthly amount anyway or they may then go for a charging order ?

6. have emailed slick with correct amounts if that helps

 

cheers i look forward to your wise words as ever but of course my instinct is listen to the best course of action and what choices i do have really.

 

angel x

Edited May 3, 2012 by angel_1
my scanner is not working,,,,have updated my thoughts too

[angel_1]

HSBC 1 030512.pdfhi not sure what ive done as i cant see the info ive sent on a pdf attachement,

 

cheers angel x

 

seems to be working on this post,,, ?

Edited May 3, 2012 by angel_1
added the attachment here too

[slick132]

HI Angel,

 

Just type up the relevant bits - the doc'ts are not visible to us.

 

[angel_1]

hi ya slick

 

if you click on the HSBC on post 138 and open it up i can see my document but i cant on my previous post can you now?

Edited May 3, 2012 by angel_1

[angel_1]

hiya all, im hoping ive done it right i can defo see what ive typed up on post 138 by clicking on the hsbc then it opens up for me, not sure if the same for you?

 

ill wait for any replys now cheers angel x

[slick132]

Ok, I can see it now.

 

I didn't use that because it looks like a normal CAG Link that takes you to general site info. Perhaps if you'd called it "sol'rs ltr" or something else, the link would look different.

 

I suggest a holding letter asking for 7 days to take advice and come back to them.

 

[AndyOrch]

Nope still not visible Angel

[AndyOrch]

Not to worry Angel I get the drift of it so not really much movement from the last proposal if any at all.If agreement in unattainable then the process becomes exhausted this can back fire on them should this be successful in their favour and the question of costs arise.

 

Regards

 

Andy

[AndyOrch]

Ok Angel

 

They have then agreed to the 12 month review and in effect will only add sec69 after judgment should you default, so a plus to you.

With regards to recourse should you default, they are not interested and consider that this would be no benefit to their Client, of course it wouldn't but we are just trying to get some balance so its not all claimant loaded.

 

So apart from what they are actually offering to accept as F&FS and whether you have the means to accept it I see no reason not to accept the TO now in its amended form.

 

Regards

 

Andy

[AndyOrch]

Summons issued Aug 09 Stayed since Oct 09

 

For reference:- http://i407.photobucket.com/albums/pp159/aquarian1964/ms012009-1.jpg Agreement

 

Clearer Agreement http://i407.photobucket.com/albums/pp159/aquarian1964/scan0001.jpg

 

 

http://i407.photobucket.com/albums/pp159/aquarian1964/ms022009.jpg T&Cs

 

 

 

 

Andy

 

Addition:- Default Notice http://i407.photobucket.com/albums/pp159/aquarian1964/ms32009-1.jpg

 

Letter from DG 17/10/09 http://i407.photobucket.com/albums/pp159/aquarian1964/letter1.jpg

 

Consent to withdraw http://i407.photobucket.com/albums/pp159/aquarian1964/scan0002.jpg

[slick132]

Hi Andy,

 

No doc'ts visible with those links, for me at least.

[the_shadow]

Hi Andy,

 

No doc'ts visible with those links, for me at least.

 

Snap

 

Looks like they've been removed from photobucket

[AndyOrch]

Me neither Slick they worked well in the old thread.

 

Looking into it.

 

Andy

[AndyOrch]

Ok now working.

 

Andy