Carter claimform - old Cap1 card **SETTLED BY TOMLIN**

[emmaf01]

They've refused to sign any TO with anything other than parts 1 and 3. They will not accept any sort of review.

 

We have explained that, due to our income being wholly made up of benefits and therefore being uncertain in the current economic climate, we are worried about becoming unable to meet the repayments at the current level agreed. They have said we can reduce the payments by half if that means we can agree to the repayments for the foreseeable future, even if our income is cut further.

 

We are uncertain as we feel there are no safeguards for us in the TO they want. Any ideas?

[sillygirl1]

Whatever you doi DO NOT SIGN the Tomlin Order, you are on benefits and the Tomlin Order isn't designed for people in your circumstances, surely the fact that Uncle Bryan now wants to offer you a discount to make you pay means that there is something not right here.....

 

The courts need to know about this misuse of a threat. The fact that you are on benefits should be enough to make him back off.

 

Don't go to CAB about this, they would advise the opposite - they like to take the line of least resistance with these DCAs unfortunately.

[sillygirl1]

There is no need to fear the 'court stuff' you are on benefits and the MOST that should go towards ANY debt is £1 a month.... Uncle Bryan is onto a clear looser.

[emmaf01]

We've got the charges knocked off and we want to set up a payment plan with them. We would rather have a TO than a CCJ. If we go for the TO for an amount we can afford, is that so bad? With the provision that we can go back to court if the amount becomes unmanageable?

 

I'm just afraid that if we get ATOS messing up my benefits and they take away my DLA, we will not be able to afford anything. Plus if we get a CCJ, the house insurance becomes invalid, which we can't afford to happen.

 

How can we get the terms we want in the TO? Everything we have put forward gets refused by Cap1. We are dealing with them now, as they got BC out of the picture.

[sillygirl1]

The Tomlin Order means that if you do not pay they will be straight back to court for a forthwith order (pay up immediately or else we will have your home on a charging order) so it is basically not really worth the hassle - there is a chance that if properly defended the CCJ will be discontinued - Bryan Carter has a history of this.

 

The Tomlin Order will not take into account ANY downward change in your circumstances whereas a CCJ can be revisited at any time. It is a bit like Russian Roulette with a Tomlin Order.

[sillygirl1]

The fact that CAP1 have refused any offer you have made will go against them in court....

[AndyOrch]

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 Emma from my Draft TO.

 

Andy

[emmaf01]

Yeah, they are refusing to sign with that point in, Andyorch. In fact, apart from 1. Amount to repay (minus the charges) and 2. Repayment schedule- they won't sign with any other points added.

 

Plus we have to pay BC, not Cap1 who we are talking to. We are talking to Cap1, making an agreement with Cap1 but they want us to make the repayments to BC not Cap1.:o

[AndyOrch]

Yeah, they are refusing to sign with that point in, Andyorch. In fact, apart from 1. Amount to repay (minus the charges) and 2. Repayment schedule- they won't sign with any other points added. Well thats detrimental to them and a very big plus to you (the figure can never be reviewed or altered) if its set an affordable amount to yourselves.

Plus we have to pay BC, not Cap1 who we are talking to. The TO must be with the Claimant We are talking to Cap1, making an agreement with Cap1 but they want us to make the repayments to BC not Cap1.:o

The Claimant is the owner of the debt now no use dealing with CP1 was this debt assigned?

Andy

 

[emmaf01]

I've been rooting around and I haven't found any assignment. They just say Fredricksons/Bryan Carter handle the repayments.

 

The TO would be signed by Cap1, not BC.

 

They have offered to more than halve the repayments so that they would still be affordable in the event of a change of circs. That would take the repayment to about 5 years though.

 

So is it still alright to sign in your opinion, without the safeguards of review?

[AndyOrch]

Emma

 

Can you type out their version of the TO verbatim,so I can check the wording and schedule.

 

Regards

 

Andy

[emmaf01]

Here you go with bits blanked for public viewing.

 

Tomlin order

UPON the Claimant and the Defendant having agreed terms of settlement

AND BY CONSENT

 

1. The Pre-Hearing Review listed to take place at the ********** County Court on * ********* 2011 at **** be vacated.
   

 

1. All proceedings in this action be stayed upon the terms set out in the attached Schedule.
   

 

1. The Parties be granted permission to apply to give effect to the terms of the Schedule to this Order; and
   

 

1. No Order as to Costs
   

We consent to an Order in the above terms.

 

Schedule

 

1. The Defendant shall pay to the Claimant a sum equal to the total amount outstanding on his credit card agreement with the Claimant which forms the basis of this claim (£*****) plus interest at 8% per annum (£*****) along with the Claimant’s costs (£*****), the total being £***** (“the Settlement Sum”).
   

 

1. No interest will accrue on the Settlement Sum.
   

 

1. The Settlement Sum is to be paid by way of equal consecutive monthly instalments of £*****, with a final instalment of £****. Each instalment is to be received by the first day of every calendar month. The first instalment is to be received by * ***** ****
   
   

 

1. This settlement is reached in full and final satisfaction of the facts arising out of this claim .
   
   

 

1. If the Defendant fails to comply with the terms of this Schedule, the Claimant may enter judgment against the Defendant for the Settlement Sum (less any sums already paid pursuant to the terms of the Schedule).
   

That's all of it, if you can look over it I'd really appreciate it.

[AndyOrch]

The Defendant shall pay to the Claimant a sum equal to the total amount outstanding on his credit card agreement with the Claimant which forms the basis of this claim (£*****) plus interest at 8% per annum (£*****) along with the Claimant’s costs (£*****), the total being £***** (“the Settlement Sum”).

 

No Order as to Costs They have included them in the settlement schedule ( along with the Claimant’s costs (£*****), ?????????? )

No interest will accrue on the Settlement Sum. They have included it in the settlement schedule (plus interest at 8% per annum (£*****) ????????)

So if you reduce the settlement final fig by the above figs in red then that is the true figure, the rest of the order is worded ok.

Regards

Andy

[sillygirl1]

I would personally prefer to go to the pre-hearing review and let the courts know how they are misusing the system left right and centre. Personally that order is naff and will be a noose round your neck till it is paid - and if you default on it they will be back in court quicker than a fox down a rabbit hole.....