Claimform Arrow/Carter MBNA 'debt' ***F&FS agreed Tomlin Order***

[garry68]

Thanks Andy, i will photo copy my completed AQ and any other paperwork and send it to Arrow Global.

 

Garry

[garry68]

Ok, my aq has been filled in, i have printed out my draft order for directions and included my section G other information. I will be posting this to the court tomorrow. Copies of everything have been made and will be sent to Arrow Global.

 

So i guess its now a waiting game.

 

I will post up any replies i receive from Arrow Global or the court.

 

Thanks for all your help in getting me this far.

 

Garry

[garry68]

I have today received a copy of Arrow Global's Allocation Questionnaire along with a letter asking that i contact them to arrange a payment plan to clear the debt before a court date is set for the hearing. I assume this is par for the course?

 

Garry

[AndyOrch]

Not quite they are testing the water and you if you will go all the way.They will as they have paid the AQ fee (I assume).Its your decision Garry but they are offering an olive branch to mediate.

 

Regards

 

Andy

[garry68]

Oh i see. I would very much like to avoid a CCJ on my credit report as it has taken me a while to get it to a credit worthy state. If i were to ignore there offer to mediate and go down the court route are my chances of success simply 50/50? Would it be in y best interests to write to Arrow Global and admit the debt, ask them for a full and final settlement figure then agree to a mutually acceptable payment plan?

 

Regards

 

Garry

[AndyOrch]

If its important to avoid the CCJ then this would be advisable...only you know the strength of your defence.

[garry68]

To be honest with you Andy i feel completely out of my depth, i have never had to deal with anything like this before. I have got this far simply through the help and advice given to me on this forum. All of my letters of defence have been forum templates. If i had to attend court in person i don't think i would have a clue what to do or say.

[AndyOrch]

Then you must do what you feel comfortable with Garry...you have ceased the default judgment so don't feel that you are throwing the towel in....if you can attain a F&FS or a repayment plan which is acceptable and avoid the Judgment...then you must still consider this a victory.

Thrown in with that is the knowledge you have now gained.Make sure any F&FS is watertight.

 

Let me know what transpires and others of your further developments.

 

Regards

 

Andy

[garry68]

Thanks for your words of wisdom Andy, i have now decided that mediation is the route for me. Is there a link to a F&FS template letter on this site? Also what percentage of the original debt should be offered?

 

Garry

[AndyOrch]

Im sure we have one in the library and I would be looking at between 10/15% for starters.

[garry68]

Well Here as promised is the outcome. I accepted Arrow Global's offer of mediation as i felt out of my depth and the prospect of going to court filled me with dread. I drafted a letter basically stating that the way Arrow Global handled the whole affair stank, but also included in the letter was my offer to clear the debt. Now bearing in mind the original debt was for £1644 and the last payment made on the account was December 2006 i thought i would be cheeky with my full and final settlement figure. I offered £800 to be paid in £20 monthly instalments, stuck it in an envelope and posted it on the 06/11/12. Well today 14/11/12 i received there reply. We thank you for your contact and confirm the offer of £800 in full and final settlement of the account by instalments of £20 per month is acceptable. I now have to sign a tomlin order which inncurs a £45 cost in order to stay the court proceedings. So all in all not the result i was hoping for at the start, but a 50% reduction of the balance is not to be sniffed at.

 

I would like to thank everyone who helped me through this, your advice was priceless.

 

Regards Garry.

[Mike_hawk]

Hi Garry

 

If you're happy then its a result whichever way you cut it

 

Are you able to post the schedule of the t/o so others can give it the once over

[garry68]

The t/o says.

 

Upon agreement having been reached between the claimant and the defendant for settlement of the issues in this action.

 

By consent it is ordered that.

 

1. All further proceedings in this action be stayed except for the purpose of implementing the agreed terms set out in the attached schedule.

 

2. No order as to costs.

 

Schedule.

 

1. The defendant do offer and the claimant do accept payment of £845 in full and final settlement of the claim by instalments of £20 per month, payment being due on or before the 28th November 2012 and on the 28th of each consecutive month thereafter.

 

2. In the event that the defendant defaults on the agreed payment arrangement as detailed in paragraph 1 of this order, above, the claimant shall be at liberty to apply for judgement against the defendant for the agreed sum of £1644 together with all legal costs of the claim, including the costs of and incidental to any such application, less any payments received prior to judgement.

 

3. On payment of the agreed sum, being £845 in full and in cleared funds, the matter is settled and no further action of any sought is to be taken.

 

4. Liberty to apply.

 

 

What do you think?

 

PS. When i have signed the Tomlin Order do i return it to Arrow Global or the court?

Edited November 14, 2012 by garry68

[Mike_hawk]

Hi Garry

 

Apart from the very poor drafting and no express liberty to apply within the order its pretty bog standard.

 

I would think the deficiency in the order is slightly in your favour should you find yourself in a position in the future where you are unable to meet the payment schedule.

 

Give Andy a nudge by PM to see if he can take a look too before signing.

 

Order will need to be served on AG for it to engross and make the application for sealing

[AndyOrch]

Looks ok to me Garry...no loopholes..... no reviews...

 

Welll done nudge me when you need your thread title amending.

 

Regards

 

Andy

[garry68]

Thanks For looking Andy, and most of all thanks for all your help. I will now sign the T/O and post it back to Arrow Global. Feel free to amend thread title at any time.

 

Regards to all Garry.