Virgin/MBNA/Arrow global/Blake Lapthorn court claim/cc charges/ **Resolved by way of Tomlin Order **

[citizenB]

So you need to be prepared to rebut any argument that their costs are legitimate.

 

The debt is what, £4,000. What are the value of the charges - have you done a spread sheet ?

 

If the debt would be wiped out by the charges.. then that is good.

 

If there is a balance left, how much, would you be able to settle the balance immediately or would you want to do it in instalments?

 

This is the type of thing you should be ready for.

[buster991]

Thanks for your reply's

 

The charges come to approx 500, ( using the spreadsheet) and yes I would be asking for installments, would I still be arguing that they haven't got the documents that they would be relying on court, my thought is am I just avoiding the inevitable, I wouldn't want to get a charging order as in some posts I have been reading.

 

Thanks again B

[buster991]

Hi, Just to update thread and if anyone wants to add anything.

 

The mediation was organised then cancelled by the claimant, then organised again, this time unfortunately I had to cancel due to work emerg at the last minute, the date to get this organised by was yesterday. the day of the mediation.

I was informed to contact the court, by email as instructed by the court.

I have asked for another stay until I hear again from mediation.

 

Oh yes and on the same day as the mediation I received all paperwork, ie application form, default notice etc

 

Any thoughts on this, would it be worth sending a letter to A/G with another offer, or wait until mediation is organised again.

 

Thanks for any views on this B

[citizenB]

Can you let us know if the Default Notice appears to be an actual "copy" or does it look as though it is a template that has been created purely for the purpose of the court disclosure rules ?

 

What is the date that it was actually sent and what is the remedy date ? Does the clause they claim you have breached actually exist on the terms and conditions/agreement.

 

If you are able to edit out personal information and pop the DN on the thread that would be great

[buster991]

Hi CB

 

Thanks for your reply, it does appear to be the original copy of the default notice, the letter is dated 14/5 and I received it on the 15/5, the date to remedy by via mediation was the 15/5, although the court said that mediation was not interested that we had not received the paperwork, I presume only interested in a repayment plan.

 

I have not had a reply back from the court yet, I cant believe I am so calm with all this, today anyway ! The pills must be working !!

 

Thanks again B

[buster991]

Hi,

 

Updating my thread, I now have a new date for mediation, but I have a slight development in that as from Friday this week my husband is unemployed, which means that we have a considerable drop in wages, and he will be sighing on Monday, this will make a difference in what we can offer, has anyone any ideas on how this could go.

[citizenB]

You might find it useful to arm yourself with a Budget sheet so you know exactly where you stand with your finances.

[buster991]

Well thats easy, we will have nothing left as my partner only works part time, I guess I will be going to court then ! I will let you know how it goes.

[buster991]

Well mediation failed, as they would not accept anything less than the full amount, although if I send in the financial spreadsheet they have asked for and state what we could afford to pay they will look at it, I am inclined to do this to see if they will accept a payment plan, if they don't at least we have tried, and if not then it will have to go to court and let the court decide, then it be court charges added on as well.

 

They have ignored the amount of charges I wanted to be taken off, so it doesn't look I am going to get these back, as the extra court charges will just wipe this out.

 

Has anyone any thoughts on this please

 

Thanks for any replies B

[buster991]

Well I have an update to this thread now, I sent a letter to Arrow stating that I dispute the amount owing, due to the charges added, but would like to arrange a payment plan for the remainder,, but they want a Tomlin order entered with the court, with me paying for the Tomlin order, and no charging order, so I am happy with this.

 

I wouldn't have been brave enough to go this far without help, so thank you Andy and C B

 

Any thoughts anyone ?

Edited August 27, 2013 by buster991

[AndyOrch]

Excellent news buster Im delighted that this has been resolved to your satisfaction.....If there is anything within the Tomlin Schedule you are unsure of just post.

 

Once its agreed and sealed by the court I will amend your thread title to reflect the result.

 

Well done.

 

Regards

 

Andy

[citizenB]

This is good news, buster

[buster991]

Hi again everyone who has helped with this, but I have just come across the D / N again and wanted to ask if this is correct, ( I am asking questions about another account and thought I would check this again ), I will upload tonight when I have more time, but for now.

 

The Default is dated 7 April and states must receive arrears payment by the 24 April, I think this is ok.

 

But I also received a letter of termination on the same date 7 April, giving no time to settle the account. I have both copies, and Arrow Global attached both copies to the CCA

 

Is this correct ?

 

I know I buried my head in sand at that time and all this time didn't even question it, my signed Tomlin order has already been sent to Arrow Global, if this means the D/N is invalid, is it too late to do anything ?

 

Thanks for any answers again

 

B

[AndyOrch]

Stick with the Tomlin Order buster DN is not invalid...the Termination Notice would carry no weight either.

 

Regards

 

Andy

[buster991]

Hi Andy,

 

Thanks for your reply, you can guess what I thought about it, Oh well just a thought, I will carry on as we were ......

 

I will be in touch as soon I hear anything

 

Thanks B

[citizenB]

This case has now been resolved by way of a Tomlin Order.

 

Well done buster