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


buster991
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MBNA

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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reclaims always go to the OC

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well I have just read my own thread again, as in Andy's post No 28 there is no need for me to send Prelim letter now as I have sent my defence, I obviously forgot that bit :oops:

 

That's only if you are using it as a defence and trying to mitigate the balance Buster.You have three options use as mitigation to reduce the balance...issue a Part20 Counter Claim or issue a separate claim.(the latter requiring a LBA)

 

Regards

 

Andy

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Sorry but I am really confused now as the best thing to do.

 

I have added it into my defence, although I didn't add the exact amount I will be claiming.

 

It has been said earlier on in my thread that the amount I am claiming is not worth a counter claim, the amount hasn't changed, so does this advice still stand ?

 

So I will send a LBA letter to MBNA on Wed, unless anyone says otherwise.

 

Thanks B

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You don't have to state the amount only the fact that there is within the defence.You can expand later in the process.My advice still stands if the amount is relatively low... hardly worth starting a separate action.

 

Andy

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Thanks for your reply Andy,

 

Sorry to ask again but do I still send a LBA to MBNA now or wait to see what the reply will be to my defence, ie: wait 28 days, which is 16 Jan.

 

This is not something I want to do New Years Day, but my New Years resolution is to get our finances in order.

 

Thanks B

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I personally would just hold in abeyance and try to use as leverage to attain either a reduced debt or in mediation.

 

Andy

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  • 3 weeks later...

I have now received a response from Arrow Global, with a notice of change of solicitor, they are now using their in house litigation team, and they have requested documentation from MBNA and they will be in touch as soon as they have received it. They have also said that should I wish to discuss the matter further to contact them in a bid to resolve this matter amicably thus saving further legal action and costs. I am thinking of sending a letter offering a payment plan, minus the charges I am reclaiming, I don't want to add to the court costs. Advice please

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yet thats the usual MO for AG

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

yet thats the usual MO for AG

 

dx

 

They have also said that should I wish to discuss the matter further to contact them in a bid to resolve this matter amicably thus saving further legal action and costs. I am thinking of sending a letter offering a payment plan, minus the charges I am reclaiming, as I don't want to add to the court costs, is this a good idea ?

 

Any advice please gratefully received

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Respond to their letter and make an offer...state that you too would be inclined to avoid further legal costs/CCJ...but you are not willing to accept their charges and are prepared to offer £ xxxxxxxx in F&FS either one off or by monthly payment.Suggest to them that a Consent Order or Tomlin Order may be the way forward were both parties stand their own costs.

 

Regards

 

Andy

We could do with some help from you.

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Hi,

 

I am trying to put together a letter to send to Arrow, could someone please advise what the charges are for a consent/ tomlin order. I cant seem to find any info on this.

 

Thanks for your reply Andy

 

B

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Hi,

 

Help please, I have received an Allocation Questionnaire today, should I still send the letter Monday as planned saying that I want to resolve this amicably as Andy suggests, and wait for their response, before I send my allocation questionnaire. Confused

 

 

Thanks for any replies

 

B

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The allocation questionairre actually asks if time is required to mediate - so you would say yes to that.

 

When do you need to have the AQ back to the court ? You might still have time to send your letter AND complete and return the AQ.

 

I will alert andyorch for you..

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Request a 2 month stay within the AQ to try to resolve and in the meantime pen your proposals without prejudice.You must submit your AQ on time.

 

Regards

 

Andy

We could do with some help from you.

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Could someone plse advise if this letter is ok

 

 

Without prejudice

 

In reply to your letter dated ****

I wish to take this opportunity to resolve this issue amicably to avoid further costs and CCJ, but I am not willing to accept your charges, I am prepared to offer £*** in Full and Final settlement paid in monthly instalments of *** per month.

If accepted I require all credit reference agency files are marked ''SETTLED'' given that this is a full and final settlement I do not consider partial settlement is a suitable entry.

Any remaining balance will not be sold or assigned to ANY 3rd party.

The amount offered is confirmed as agreed between us.

 

May I suggest that a Consent Order or Tomlin Order may be the way forward for both parties

 

Not sure if I have to add details about about Full and Final at this stage

 

 

Thanks again Andy for all your help

 

B

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Yes you must emphasise all the way its a FF&S...otherwise there is little point in the negotiation

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Post up your AQ buster before you submit it.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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