HPH2/Cohen Claim Form barclaycard 'debt'***Settled by Tomlin Order***

[shamrocker]

So, a settlement before court is not in your thinking then isbo?

[AndyOrch]

Just seen the great news that jay had a letter saying his was discontinued. How I wished that were the case for me.

 

Might be if they fail to turn up also:wink:

[isbo]

So, a settlement before court is not in your thinking then isbo?

Well I rang and offered one - without prejudice - yesterday didn't I, and got a stone cold no - full payment, payment plan, or nothing, sham.

[isbo]

Might be if they fail to turn up also:wink:

I feel like a condemned man!

[AndyOrch]

Condemned Man There are no debtors prisons anymore...its only a debt...more important things in life to worry about...this being the bottom of the pit

[shamrocker]

Well I rang and offered one - without prejudice - yesterday didn't I, and got a stone cold no - full payment, payment plan, or nothing, sham.

 

When they receive your WS tomorrow they might think differently.

 

What I was going to suggest is, if you are thinking along those lines, you could email them tomorrow. Over the phone is not the way to do it, and they were never going to agree to anything less than full when they were heading to court pretty much unopposed.

 

It's your choice though.

[dx100uk]

MB with such knowledge why don't you ever offer some help? ?

 

 

[isbo]

Condemned Man There are no debtors prisons anymore...its only a debt...more important things in life to worry about...this being the bottom of the pit

Thankfully! The way I was brought up debt was second only to moider!

[isbo]

When they receive your WS tomorrow they might think differently.

 

What I was going to suggest is, if you are thinking along those lines, you could email them tomorrow. Over the phone is not the way to do it, and they were never going to agree to anything less than full when they were heading to court pretty much unopposed.

 

It's your choice though.

Good call but there's no email address on their guff.

[AndyOrch]

Good call but there's no email address on their guff.

 

Ring them and ask if they will accept electronic communication and ask for their address.

[isbo]

OK. Any suggestions for the wording?

[AndyOrch]

Wording for what?

[isbo]

Got an email address. So, what should I say?

[isbo]

Wording for what?

The without prejudice offer Andy.

[AndyOrch]

Wait until they have had time to digest the contents of your witness statement then we can word something suitable later this evening

[isbo]

Ah. We go away this afternoon until Saturday Andy.

[AndyOrch]

Oh well never mind...have a good time:wink:

[jaycwl]

----------------------------------------------------------------

 

Dear Sir/Madam,

 

WITHOUT PREJUDICE

 

Ref. Claim no. XXXXXXXX

 

With reference to your letter and proposed settlement, I have considered all aspects of the case and feel that a full and final settlement of £xxxx should represent a fair outcome for both parties. I make this proposal on the basis of the following payment arrangement as part of a Consent Order.

 

12 monthly payments of £XX, followed by -

12 monthly payments of £XX, followed by -

12 monthly payments of £XX, followed by -

12 monthly payments of £XX, followed by -

12 monthly payments of £XX.

 

Total of £xxxx paid over a five-year term. Payments to be made on or by a mutually agreed monthly date. I would also aim to clear the balance sooner, subject to circumstances.

 

Costs associated with the Consent Order to be borne by the Claimant.

 

I look forward to your response.

 

Kind regards,

 

Mr J Bloggs

---------------------------------------------------------------------

 

Would something like this suffice? Sham sent me it when I was thinking of a without prejudice offer. Just jiggle the numbers around to suit your circumstances.

[AndyOrch]

They wont agree to Costs associated with the Consent Order to be borne by the Claimant....but its only £45.

 

Here is a Tomlin Order that I have drafted...should they wish to go down the Consent route.

 

 

IN THE XXXXXXXXXXXXX county court CLAIM NO: XXXXXXXX

 

Between Claimant

 

 

Claimant

 

and

 

Defendant

 

 

 

 

Tomlin Order

 

 

Upon the parties having agreed terms of settlement

 

 

BY CONSENT IT IS ORDERED THAT:

 

 

1. All further proceedings in this action shall be stayed upon the terms set out in the

the attached schedule, except for the purpose of carrying such terms into effect.

 

2. Each party shall have liberty to apply to the court if the other party does not give

effect to the terms set out in the schedule.

 

3.No order for costs.

 

 

Dated ......................... .......

 

We consent to the making of an order in the above terms

 

 

......................... .................

Sols for the Claimant

 

 

 

......................... .................

 

XXXXXXXxx,Defendant

 

 

 

 

SCHEDULE

 

 

1. The Defendant shall pay to the Claimant the sum of £xxxxx in Full and final

settlement of this claim

 

2. No charges will accrue on the settlement sum

 

3. The Defendant will pay to the Claimant on or before xx xxxxx 2016 the sum of

£XX.00 followed by payments of £XX.00 on or before the xxth of each month and every

month thereafter until the balance has been paid in full.

 

4. If payment is not made on the due date the Claimant shall give notice in writing of such a

default to the Defendant and if payment is not made within 14 days from the date of such

notice the Claimant shall be at liberty to apply to lift the stay and proceed with the claim.

5. The amount of the monthly instalment payment shall be reviewed at 12 monthly intervals. The defendant shall co-operate

with the Claimant on such review by providing the Claimant with such information about her assets income and expenditure,

as the Claimant shall reasonably request.

 

6.if following any review the Claimant and Defendant agree a new monthly instalment amount, the new monthly instalment shall become payable under

paragraph 3,with effect from the next instalment date.

 

7.If following any review, either the Claimant or the Defendant considers a new monthly instalment amount should be payable but cannot agree this with

the other party, either party shall be at liberty to apply to the Court for the Court to determine the monthly instalment payable and thereafter the stay

and settlement contained in this schedule do continue.

 

 

That’s how you want the TO laid out and content if you come to an agreement (12mth month review if possible)

 

Andy

[isbo]

Replying on my phone so apologies in advance if it's not great English!

 

 

When should I send the above then?

 

 

That seems like I'm caving in to pay the lot though to me.

[AndyOrch]

Thats only to be used if you can secure a settlement....thats the Legal way to draft it......only the claimant can draft the order so you can only suggest you may consider settlement by way of a Tomlin Order.

[isbo]

Thats only to be used if you can secure a settlement....thats the Legal way to draft it......only the claimant can draft the order so you can only suggest you may consider settlement by way of a Tomlin Order.

I've emailed them an offer without admission of liability ...

[isbo]

Dear Mr xxe

 

Our client does not accept your offer of £xxxx in settlement of this Claim.

 

Our instructions are to seek a Judgment Order but obviously our client does not wish to burden you further, however, we do require sight of the medical evidence as ordered by the Court.

 

We have instructed an Advocate to attend on Monday and our client will accept repayment by instalments within your means by way of a Consent Order.

 

At this late stage please can you discuss any such proposals with our Advocate accordingly.

 

Yours faithfully

 

Hxxx Mxxx

Litigation Assistant

Howard Cohen & Co Soli

[isbo]

Obvs the medical evidence will be there.

[AndyOrch]

So they are willing to consider settlement by way of Consent..but not for the amount you proposed