HFO Services/Capital/Turnbull barclaycard debt

[broken arrow]

Hi 5

 

If you can start your own thread and we will help you along.

[vjohn82]

Could be an important development with HFO and my case... will keep all informed when I know a little more. Good to refresh this thread anyway what with the recent deluge of HFO threads on the forum...

[coledog]

Subbing - can't wait

[patrickq1]

sub same here cant wait tooooo long VJ need feeding more HFO Food lol

[gh2008]

Could be an important development with HFO and my case... will keep all informed when I know a little more. Good to refresh this thread anyway what with the recent deluge of HFO threads on the forum...

 

the suspense .......

[DonkeyB]

I think VJ just said that to keep bart123 on his toes.

[coledog]

Bart has toes? thought he was a p"""k

[vjohn82]

I think VJ just said that to keep bart123 on his toes.

 

I'm working on something regarding the surprising readmission of data on my credit file from the HFO ****. They also think it's funny to harass my wife into paying an SB debt. Not on my watch. Going to be a funny summer, got a feeling in my bones.

[DonkeyB]

We're right behind you. Let's keep the OFT busy.

[patrickq1]

ime sure you meant P*G hehe

patrickq1

[vjohn82]

Couldn't leave it could they?

[patrickq1]

they are just winding you up VJ bart the fat f*rt will be sitting on his puffy stool sipping red wine lookin at the forum to see if he can catch one of us committing a libel of some sorts, but we wont do that will we ,

patrickq1

[vjohn82]

Nope... just looking forward to the day he is involved in a group litigation which, I suspect, is not too far away.

[patrickq1]

add my name to the group liti VJ

patrickq1

[lop]

Awesome thread!!!

[vjohn82]

This term is in a Tomlin Order:

 

3. The payment sum detailed in Paragraph 2 above be periodically reviewed on a 12 month basis from the sealing of this Tomlin Order. The Defendant shall provide details Income and Expenditure Information to the Claimant as part of that periodical review.

 

Any thoughts on this?

[spamheed]

so they are effectively stating that every 12 months they will theoretically be able to increase your payment amount and that you are compelled to provide them with an I&E breakdown, sounds a little one sided

[AndyOrch]

That is a normal and acceptable inclusion in any TO VJ.(some state 6 mths)

 

Regards

 

Andy

[vjohn82]

That is a normal and acceptable inclusion in any TO VJ.(some state 6 mths)

 

Regards

 

Andy

 

My problem is this; the TO solves nothing. What is stopping them going to court and reneging on this TO should their financial circumstances improve? If they are making an agreement to pay in order to stay proceedings in light of difficulties in the Claimant's case it seems that there should be a tacit agreement for a long term arrangement?

 

In 12 months time we have to jump on this merry go round once again. If the Defendant refused to pay any more they would not be breaching the terms of the TO. So where would this leave the TO? It's completely one sided as said earlier.

 

Point 4 of the TO says:

 

"4. If the Defendant does default in the payments detailed in Paragraph 2 (as amended by agreement under the periodical review detailed in Paragraph 3) above, the Claimant be at liberty to enter Judgement for the sum then outstanding."

 

So what if the Defendant does not agree with the sum or has difficulty paying a sum engorged at the Claimant's behest? Default Judgement in place without recourse to a valid defence.

[AndyOrch]

This is how I lay out a watertight TO (protects both parties)

 

 

Tomlin Order

 

 

Upon the parties having agreed terms of settlement

 

 

BY CONSENT IT IS ORDERED THAT:

 

 

1. All further proceedings in this action shall be stayed upon the terms set out in the

the attached schedule,except for the purpose of carrying such terms into effect.

 

2. Each party shall have liberty to apply to the court if the other party does not give

effect to the terms set out in the schedule.

 

3.No order for costs.

 

 

Dated ......................... .......

 

We consent to the making of an order in the above terms

 

 

......................... .................

Sols for the Claimant

 

 

 

......................... .................

 

XXXXXXXXXX Defendant

 

 

 

 

 

 

 

 

 

 

SCHEDULE

 

 

1. The Defendant shall pay to the Claimant the sum of £XXXXXX in Full and final

settlement of this claim

 

2. No charges will accrue on the settlement sum

 

3. The Defendant will pay to the Claimant on or before xx xxxxx 2010 the sum of

£XX.00 followed by payments of £XX.00 on or before the xxth of each month and every

month thereafter until the balance has been paid in full.

 

4. If payment is not made on the due date the Claimant shall give notice in writing of such a

default to the Defendant and if payment is not made within 14 days from the date of such

notice the Claimant shall be at liberty to apply to lift the stay and proceed with the claim.

5.The amount of the monthly instalment payment shall be reviewed at 12 monthly intervals.The defendant shall co-operate

with the Claimant on such review by providing the Claimant with such information about her assets income and expenditure,

as the Claimant shall reasonably request.

 

6.if following any review the Claimant and Defendant agree a new monthly instalment amount, the new monthly instalment shall become payable under

paragraph 3,with effect from the next instalment date.

 

7.If following any review, either the Claimant or the Defendant considers a new monthly instalment amount should be payable but cannot agree this with

the other party, either party shall be at liberty to apply to the Court for the Court to determine the monthly instalment payable and thereafter the stay

and settlement contained in this schedule do continue.

 

Point 7 covers your concerns VJ

 

 

 

Andy

[vjohn82]

You're a star mate. Thanks.

[vjohn82]

After some negotiation a new TO has been agreed with paras. 3 & 4 completely removed.