Claim Form DLC/Hillies old-MBNA credit card *** Settled by Tomlin Order***

[Guest]

sounds good, if you're happy, and better if they will accept a plan (they didn't say whether it had to be a lump sum?)

Edited August 24, 2013 by Ford

[Alloyz1]

Okay, thank you for the comments as always

 

I want a F&F settlement with no admittance of liability, no court order and a payment plan.

 

Is it as simple as negotiating this including a discontinuance; or does it have to go to court?

 

Can it go to court and the court orders a no liability order? (is there even such a thing )

 

Is it safer to actually go through the court for this settlement?

 

Too many questions... I know.. but I appreciate all the feedback.

 

A

[AndyOrch]

Okay, thank you for the comments as always

 

I want a F&F settlement with no admittance of liability, no court order and a payment plan.Tomlin Order or Consent then

 

Is it as simple as negotiating this including a discontinuance; or does it have to go to court? If you go with the above the claim is stayed...you wont get a discontinuance...its already in court

 

Can it go to court and the court orders a no liability order? (is there even such a thing ) No such thing

 

Is it safer to actually go through the court for this settlement? The Tomlin Order or Consent is sealed by the court

 

Too many questions... I know.. but I appreciate all the feedback.

 

A

 

Andy

[Alloyz1]

Thanks Andy

 

One last thing (hopefully)

 

If I get a settlement with a payment plan, through court, is it admittance and therefore I get a ccj or is it classed as something else with no negative record ( as long as payment is made)??

 

A

[AndyOrch]

No its an agreement to halt litigation...the claim is stayed until (if) you breach the terms of the Tomlin Order then judgment is applied (if thats in the terms of the schedule)

[Alloyz1]

All clear Andy thanks.

 

Read up on TO as well so understand where I need to take this.

 

Will be asking for a TO, payment plan and a reduction of their offer settlement sum.

 

I think the Strike Out request has shaken them along with the WS they say they have not recieved.

 

Well thats my theory anyway!!

 

Thanks for your help as always everyone and I will let you know how we progress this.

 

A

[AndyOrch]

Read post #110 onwards here Alloyz http://www.consumeractiongroup.co.uk/forum/showthread.php?375135-Virgin-MBNA-Arrow-global-Blake-Lapthorn-court-claim-amp-reclaiming-charges-HELP!!/page6

[Alloyz1]

Thanks Andy

 

I am sending them a proposal settlement today and will set out my terms (it will give me an indication of how shaky they think the ground is under their case now- or just how kean they are to get rid of me!!).

 

If they agree (or we negotiate to an agreement) to a TO, I understand a schedule and order is drafted. Would you be able to look over it for me if I draw it up?

 

Appreciated as always

 

A

[AndyOrch]

You can propose a TO but its the claimant that drafts the schedule (initially) you can agree or disagree and add input though. Dont post any details of the schedule here Alloyz as the terms of the schedule are private and that in its self would be a breach.

[Alloyz1]

Jeez... so much to learn!!

 

Ok, I'll cross that bridge when we get to that stage then.

 

Thanks Andy, I will keep you posted

 

A

[Guest]

good luck

[Alloyz1]

Thanks Ford and thanks for your continued input

 

A

[Alloyz1]

If we could not reach agreement- would someone be able to look over my WS at the format, to make sure there are no glaring errors....

 

Big ask i know

 

A

[Alloyz1]

Negotiations ongoing

 

Started with their demand at £14'000 plus, then £5'000 now £4'500 now.

 

I have shown willing increased my offers £2'700, £3'000 and now £3'250 with TO.

 

Hopefully agree shortly and sealed by court.

 

Would there be a cost implication in all this or could I/ should I mention that as part of my negotiations?

 

A

[AndyOrch]

The defendant may be expected to meet the cost of the TO £40....but you should be requesting that parties stand their costs in the case so far.

[Alloyz1]

Great Andy. thanks

[Guest]

they're up for negotiation on that settlement amount? sounds good.

Edited August 29, 2013 by Ford

[Alloyz1]

They appear to be.

 

Hopefully we can agree a figure shortly and before a trial date

 

A

[Alloyz1]

Quick update and I am aware they are probably tuned in to this thread!

 

Negotiations stuck! They have dug their heals in and are not prepared to negotiate any further.

 

I will await a trial date for the set aside and strike out, which they have stated they will not oppose the set aside but will defend the strike out

 

A

[Alloyz1]

Date for Set Aside hearing 1st Oct.

 

The court sent a bundle to me and presumably to Claimant so now I know they have my WS

 

A

[Guest]

bold move alloyz. good luck.

ooi, were they willing to accept their settlement amount on instalments?

[Alloyz1]

They didn't object to instalments so I took it as yes.

[Guest]

cheers for coming back.

maybe then it will be settled at the court doors, if not before?

[Alloyz1]

The hearing on 1st Oct is the set aside hearing, which they have said they will not object to, but will object to the strike out.

 

So I presume there will be a separate hearing for the original claim if it is set aside?

 

It would be great to settle it before, because of some of the stories I've read!!

[Guest]

isn't this hearing also re your strike out app'n?