Link mbna claim! ***settled***

[gforce2k]

One last thought, should I keep the following?:

 

(inclusive of costs and interest)

 

L1NK included it in their TO:

1. The Defendant do pay to the Claimant the sum of £XXXX.XX (inclusive of costs and interest) by seventy-six equal monthly...

 

but AO didn't include that wording in his template TO:

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

settlement of this claim

 

Is it important that I exclude it?

 

Thanks,

GF2k

[asokn]

Not at all, it just says that for the avoidance of doubt so you know that the figure stated really is everything and there are no extra sums to pay. If anything its a helpful provision.

[gforce2k]

thanks asokn, suspected that was the case so included it in my version.

 

what about the review clauses and the confidentiality clause? any thoughts?

 

thanks

gf2k

[asokn]

It's really a matter for you if you feel that the confidentiality clause is relevant; personally I wouldn't care that I couldn't talk about the order. As for the review, it's pretty fairly worded but again it's a question for you as to whether cooperating with the review process is something you're willing to do. Personally, again, I wouldn't have a problem with it if it meant the end of the main litigation!

[the_shadow]

If they havent included a review in theirs and yet have stated clearly the monthly amounts then I would leave it out, it means you know exactly how much you will be paying and exactly how long for. As for confidentiality then if you include it we need to remove the post above from view

 

As to the costs bit... I'm a bit uneasy about this... how much costs are they adding to the debt... and if they are comprimising why are you the only one having to give something up here... they have their agreement you'll pay, your agreement they can enter judgement if you default.. it seems one sided. I would question why their costs are being met by you, much prefer an each side bears their own cost agreement tbh.

 

S.

[caro]

I agree with Shadow. I don't believe it's usual to add costs to F&F settlements.

 

If they're willing to settle for 10% they must be thinking they're on a sticky wicket, so why would you pay their costs?

[gforce2k]

Thanks for everyone's help, couldn't have done it without you.

 

I'd like to leave the thread as it is to help others but not sure if I should ask for some of the above posts to be deleted due to the confidentiality clause?

Someone please let me know.

[angel_1]

hiya gforce2k

 

andy has referred me to your thread as im looking at a tomlin order from one of my creditors m and s money so i will take time out to read your thread in a bit and hope to gain some useful info and well done looks like you got the result you wanted, i hope i do too

 

laters angel x

[gforce2k]

hope so too angel,

 

I combined the TO that LINK sent me and the TO that andy added on the previous page of posts.

I didn't use clauses 5-7 in andy's which refer to payment reviews but they may suit you if the repayment is quite high.

 

good luck.

gf2k

[angel_1]

hiya thank you

 

well ive managed to get back here at my desk, and im going to fully read your thread now, i hope i can understand then what i have to do, my debt is just over 6000 so if i could get 10% as a full and final i will go and borrow that amount just to get this off my mind its driving me mental anyway let me read your thread and i shall be back i guess if i have any questions,

 

have a fun eve laters angel x