Restons/Arrow Global claimform- old halifaxcard 'debt'***Claim Discontinued***

[blacksofa]

Will need to discuss it all with my husband later. Are there court costs associated with a Tomlin order? In view of the fact that they don't appear to have an agreement could I attempt to use this as a negotiating factor to agree some kind of reduced payment agreement if they dropped the court case? Previous letters re this debt have offered a reduced amount as settlement. Sorry for the 'twenty questions' approach, but head in a bit of a whirl at the moment.

[jackreacher]

Interesting thread. My opinion is Yes, you should be able to negotiate bearing own costs and a lower amount given the F&F and the illegible agreement.

 

if you can get an acceptable Tomlin take it, unless you feel very confident in a court room.

[AndyOrch]

The fee for a claimant to submit and lodge a Tomlin Order is £50.00...but if you can agree no costs.I would most definitely use the lack of agreement point as basis of negotiation.

[blacksofa]

There is a possibility that we could offer them a (very reduced) Full and Final settlement figure. This hasn't been an option previously, and wasn't an option at the start of the court claim. I am considering going for a F&F, with debt marked as settled, a written guarantee they won't sell the rest on (Reston - geddit?) and them dropping the court case completely - not a Tomlin, but an amicable agreement as suggested by the court. What do you think my chances are? Am I better pursuing a F&F, but as a Tomlin?

 

 

Does a Tomlin appear on records like a CCJ does?

[AndyOrch]

You can negotiate a F&FS either alone or as part of a Tomlin...with the Tomlin you have more protection (recourse)...because the schedule will lay out the terms of agreement..which is then sealed by the court.

[blacksofa]

Yes, the extra protection was what I was thinking. Do you know if the Tomlin is recorded anywhere against you, like a CCJ is?

[AndyOrch]

No

[AndyOrch]

This may be of interest to you :-

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?380935-Claim-Form-DLC-Hillies-old-MBNA-credit-card-***-Settled-by-Tomlin-Order***

[blacksofa]

Ah thanks Andy - have quickly looked at first and last pages - will digest it all later, as offline for a bit now. It does look very interesting and relevant.

[blacksofa]

No

 

 

Sorry, is that 'No' you don't know, or 'No' it isn't recorded anywhere?

[AndyOrch]

Not much I dont know BS

[blacksofa]

Not much I dont know BS

 

 

Hehe. That's what I thought.

[jackreacher]

I personally can second that ....lol

[panther12]

Hi Andy,

 

 

No, I know they haven't gone for a Summary Judgement at this stage - was just responding to Panther's post, as not heard this mentioned before. They appear to have nothing new, and they know it.

 

 

What, if anything, is my best response to this? Thanks.

 

They apply to lift stay with app for SJ + costs follows if you don't respond.

[blacksofa]

OK, so we are going to try for the low F&F offer in the first instance. I am about to trawl through some templates/threads for wording of the letter.

 

 

I presume I mark letter(s) 'Without Prejudice' and include 'I do not acknowledge any debt to your company, or to any of your clients.' I also need to include wording to insist on the debt being marked as settled/ and/or it being removed from his credit file. If anyone can give me any other pointers that would be very much appreciated. Thanks in advance.

[AndyOrch]

Should your offer be accepted it can be be marked satisfied or settled in full...it wont be removed in its entirety....only after its 6th anniversary.

 

Andy

[blacksofa]

Thanks Andy - do they amount to the same thing, or is one better than the other? Also, in what appears to be your arsenal of links/letters, do you have a link to a letter I could cannibalise that covers the (put simply) 'you don't have an agreement or any paperwork, which is why I think we should negotiate a F&F' part of my letter.

[AndyOrch]

Settled in full obviously because then no residue can be marked at a later date.Your letter of full and final should always be watertight...that they cant sell the balance ...that they wont report on any residue and that it is understood that it is in full and final settlement.

 

There is no need to reiterate the lack of disclosure...that is a given and accepted...but you would be surprised what claimants pull out of the hat under pressure at trial.

[blacksofa]

OK, my brain is on a go-slow today, but this is what I have so far...

WITHOUT PREJUDICE

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY, OR TO ANY OF YOUR CLIENTS

 

Dear Sir,

I am in receipt of your letter dated 11th August 2014 and note the content therein. I agree that in the interest of costs and court time to both parties it may be prudent to consider a payment arrangement via a Tomlin Order.

 

Thanks to the generosity of a relative, I will be able to raise some funds and I want to offer £XXX as an ex−gratia payment in full and final settlement. This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this alleged debt in any way whatsoever and that I will be released for any liability.

If accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

I also propose that each side bears own costs and court costs.

Payment can be made within XXXX of receiving your written agreement of this offer and method of payment. I am thinking of replacing this with: 'Once I have received confirmation that our agreed Tomlin order has been agreed and sealed by the court, then this payment can be made within a month of that date.'

I look forward to receiving your reply.

It seems a bit short and amateurish to me - I feel sure I have missed something out, and should 'negotiate' a bit more, but I am also thinking that I have set the bar very low with my offer (10%) and that it may be prudent to leave the negotiation for when/if they refuse my initial offer. Should I include at the very least, a mention of the fact that they appear to be unable to provide a copy of any agreement for the account?

[blacksofa]

Cross posted. Will have a look at your post Andy, to add relevant parts to the letter. It doesn't feel very watertight to me at the moment!

[blacksofa]

OK, redrafted below. Does this cover it, or should I say more? Should I include something along the lines of 'If this is not acceptable I look forward to receiving your suggestions in order to enable us to negotiate a mutually acceptable fall and final settlement figure.' or is that opening the door a little too easily?

WITHOUT PREJUDICE

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY, OR TO ANY OF YOUR CLIENTS

 

I am in receipt of your letter dated 11th August 2014 and note the content therein.

I agree that in the interest of costs and court time to both parties it may be prudent to consider a payment arrangement via a Tomlin Order.

Thanks to the generosity of a relative, I will be in a position to raise some limited funds and I want to offer £XXX as an ex−gratia payment in full and final settlement.

This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this alleged debt in any way whatsoever and that I will be released for any liability. Furthermore you cannot sell on any remaining balance or report on any residue.

If accepted, you will make an entry on a credit reference agency file relating to the above account as "satisfied" in full.

 

I also propose that each side bears own costs and court costs.

Payment can be made within XXXX of receiving your written agreement of this offer and method of payment. - replaced with 'Once I have received court confirmation that our agreed Tomlin order has been agreed and sealed by the court, then this payment can be made within a month of that date.'

I look forward to receiving your reply.

[AndyOrch]

OK, redrafted below. Does this cover it, or should I say more? Should I include something along the lines of 'If this is not acceptable I look forward to receiving your suggestions in order to enable us to negotiate a mutually acceptable fall and final settlement figure.' or is that opening the door a little too easily?

Without Prejudice Save as to Costs

 

 

I am in receipt of your letter dated 11th August 2014 and note the content therein.

I agree that in the interest of costs and court time to both parties it may be prudent to consider settlement by way of a Tomlin Order.

Thanks to the generosity of a relative, I will be in a position to raise some limited funds and I want to offer £XXX as an ex−gratia payment in full and final settlement.

This offer is made on the clear understanding that, if accepted, neither you nor any associate company will take any other action to enforce or pursue this alleged debt in any way whatsoever and that I will be released for any liability. Furthermore you cannot sell on any remaining balance or report on any residue.

If accepted, I require data entered on a credit reference agency file relating to the above account as " Settled in Full"

 

I also propose that each side bears own costs and court costs thus far.

Payment can be made within XXXX of receiving your written agreement of this offer and method of payment. - replaced with 'Once I have received court confirmation that our agreed Tomlin order has been agreed and sealed by the court,the current claim is stayed, this payment can be made within a month of that date.'

I look forward to receiving your reply at your earliest convenience

 

Just a few tweaks.

[blacksofa]

Thanks Andy,'Without Prejudice save as to costs' - like it! So the 'I do not acknowledge...' line is removed - presumably is this because I am basically acknowledging it by going for a Tomlin?

 

 

Is the replaced sentence in red OK? I thought it was a bit wordy, but seemed to cover it.

 

 

One last question (haha, yeah - right!) Do you think that keeping it this simple at this stage is the way to go?

 

 

Edited - as just spotted your amendment to said sentence!

 

Thanks so much for your help.

[AndyOrch]

No its removed because the offer is made without prejudice...and yes the payment arrangement is fine...but Im sure the claimant will stipulate the payment date.

[blacksofa]

The current claim is already stayed. Do I still need to include that bit?