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    • when did they (who) inform you there was a 'police case' and when was this attained? i will guess the debt is now SB'd as it's UAE 15yrs. have you informed the bsnk ever by email/letter of your correct and current address? you can always ignore anyone else accept the bank,  Block and bounce back all emails. Block any text messages  Ignore any letters unless it's: - a Statutory Demand - a Letter Of Claim - a Court Claimform via Northants bulk.  
    • I left Dubai 8 years ago and intended to return. However a job prospect fell through. I’d been there for 15 years. I decided to pay my credit card and the bank had frozen my account. There is no means to pay the CC so completely unable to pay when I wanted to other than the bank advising me to ask a friend in the UAE to pay it on my behalf!  fast forward bank informs there is a police case against me for non payment. Years later IDR chased me and after months/ years they stopped. Now Judge & Priestley are trying their luck. Now I have received an email in English and Arabic from JP saying the bank has authorised them to collect debts. Is this the same as IDR although I didn’t receive anything like this from them. Just says they are authorised?
    • The neighbour's house is built right on the boundary so the side of their house is effectively the 'wall' in our garden separating the two properties. It's a three storey house and so the mortar poses a potential danger to us. Because of the danger, we have put up an interior fence in our garden to ensure we don't risk mortar dropping on us. That reduces the garden by 25% which is not only an inconvenience, but it's the part of the garden where we had lined up contractors to install a patio and gazebo which we will use for our wedding reception in less than 2 months. We have spoken to the neighbour's caretaker who is on the case, has spoken with a roofer and possibly a scaffolding company, but there are several issues. They don't seem to understand the urgency. As long as there is a risk of falling mortar, we can't carry out any work in the garden, and unless they hurry up, we're looking at cancelling our wedding as it's not viable to book a venue because we can't use our own garden! Also, they want to put the scaffolding up in our garden which would be ok with us if it was a matter of a few days and they hurried up, but there is a tree (most likely protected by the conservation area), so most likely they can only reach part of the roof with the scaffolding if they put it up in our garden. We suggested a roofer with a cherry picker but they seem to want to use a company they've used before. Any and all comments, suggestions, advice is more than welcome.  PS. does it make any difference that the neighbour is a business (ltd) and not a private dwelling?
    • No apology needed, thank you for what you do I am glad to hear they paid. well done on getting back what is yours
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Tomlin Order from Link Financial


MikeHH
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I have just received a Tomlin Order from Link Financial. They said they were taking me to court for an MBNA credit card debt of £1500. I asked for a true copy of the CCA from 2006, which they sent me. Oddly, where it should be signed by myself and MBNA, there are no signatures on it. The Tomlin order asks me to pay £2269 over the next 18 years, this includes interest and fees. Is this whole thing legal? :noidea:

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Tell them you will not be signing this, if at ANY time you default on the agreement they can chase for the whole lot again via court, regardless of what you have paid. I would contact the court and ask for a mediation hearing.

 

Tomlin orders are becoming the next thing after charging orders have been queried on debts under a certain amount.

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Firstly good advice from SG.....Mike, send your letter from Link to the Office Of Fair Trading, sending this to you before any court action has been taken is oppressive and it hopes to exploit your lack of knowledge of the legal system - The OFT make it quite clear in their guidelines.

 

b. leaving out or presenting information in such a way that it

creates a false or misleading impression or exploits debtors'

lack of knowledge

d. unnecessary and unhelpful use of legal and technical language

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MikeHH

 

Please take some sound advice. DO NOT UNDER ANY CIRCUMSTANCES ENTER INTO ANY FORM OF CONSENT OR TOMLIN ORDER. Once signed they are difficult to overturn or get out of. There is very limited grounds for a County Court to overturn it. I know of someone who has got into unnecessary extensive litigation to get it overturned. It is tantamount to a ball and chain for the next 18 years. Avoid at all costs. If you default on it, they can enter Judgment at any time. A V O I D !!!!!!!!

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Just send it back with this

 

"I am not going to sign any Tomlin order, if you have a good enough claim against me then I wish to be able to defend myself properly.

 

Goodbye"

 

Don't get into any legal arguments with them and make sure that you keep a copy, no need to put Without Prejudice on it.

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  • 3 weeks later...

Today I received a "Notice of Transfer of Proceedings" moving this to my local court. Also enclosed was a "Small Claims Mediation Service" form which claims to be a free service. But on the form it asks if I have attached a fee. I am a bit puzzled by this as it states: "An allocation fee is payable if your claim or counterclaim exceeds £1,500" I am not making a claim or counterclaim.

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Today I received a "Notice of Transfer of Proceedings" moving this to my local court. Also enclosed was a "Small Claims Mediation Service" form which claims to be a free service. But on the form it asks if I have attached a fee. I am a bit puzzled by this as it states: "An allocation fee is payable if your claim or counterclaim exceeds £1,500" I am not making a claim or counterclaim.

 

this is a "one size fits all" form, for claimants, counterclaimants and defendants and as such only the applicable parts should be heeded, as you are not bringing a claim, nor a counterclaim, then you have no fees to pay. it asks if you have attached a fee in regard of any other matter, not the mediation service

 

The mediation service is free

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Last week I received an "Allocation Questionaire" which I filled in and returned. Today I received a copy of Link Financials Allocation Questionaire which says that they "would request that the Defence be struck out and Judgement entered for those sums claimed". What does this mean? And, after repeatedly explaining to MBNA and Link Financial that I have been unemployed now for four and half years with my only income being housing benefit, I am surprised that they are taking this to court. They are hoping to get £2260 from me, What do they expect to achieve when I have no money?

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Hi Shadow, I am not sure what you mean by "embarrased". I have simply told them the facts. Unemployed for 4 and half years, no savings, no saleable assets, unable to find suitable employment due to health reasons. I have told this to MBNA and Link Financial repeatedly, but they are still taking me to court.

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Hi Shadow, I am not sure what you mean by "embarrased". I have simply told them the facts. Unemployed for 4 and half years, no savings, no saleable assets, unable to find suitable employment due to health reasons. I have told this to MBNA and Link Financial repeatedly, but they are still taking me to court.

 

Ok, well thats not really a defence but rather mitigation imo. A defence would be either something amiss with the agreement or the amount they are claiming etc.

 

As to your question about allocation questionaire, they are asking for a summary judgement against you, this is because they say your defence holds no reasonable grounds and the court should strike it out.

 

S.

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