Tomlin order - can monthly defaults still be recorded?

[kp278]

apologies, new upload

CCA .pdf

[Old Cogger]

Uhhhh

[kp278]

should we respond to this letter? thanks, kris

 

hi, belated scan

 

we've also had a letter from Kearns to the effect of:

 

"We write in relation to the above and further to instructions from our client that they have now dispatched a reply to your request under S78 Consumer Credit Act 1974.

 

 

In the circumstances, and having regard to your previous open correspondence to our client in this matter accepting liability and offering £150 per month towards the debt, might we invite you to withdraw the defence filed or otherwise hear from you with your proposals for settlement of the balance outstanding and costs."

 

not sure if this was mentioned earlier or in another thread (or even on another site perhaps) but prior to the court papers my friend had offered £150/ month but was advised this would only be accepted if it was backed up by a CCJ.

 

 

i think she is happy to pay the £150, but she doesn't want a CCJ obviously

[shamrocker]

Offer an arrangement via a Tomlin Order?

[dx100uk]

Willy waving

Who says the CCA is enforceable?

Unless it is

And they pay to lift the stay

That admittance letter means nowt

 

They are trying to fleece you

As link always do

[AndyOrch]

should we respond to this letter? thanks, kris

 

Have you actually received the agreement?

[kp278]

Have you actually received the agreement?

 

Yes posted a couple of posts up, 6th october (can't link the post on mobile)

[kp278]

Hi

 

Received a wad of paperwork from Kearns - credit agreement, default, assignment, monthly statements, correspondence where we offered £150 (admittance, as they call it)

 

They agree to a Tomlin order for £150 a month, which is what we wanted in the first place to avoid a ccj.

 

On checking the £££

In July 2013 Barclays suspended the account with the balance at £13654. Interest and fees added until May 2014 when the balance hit £15480

In Jan 2014 Mercers DCA served default notice for balance of £14858

In Jun 2014 IDR/Link wrote to confirm account had been sold at £15480

The Tomlin order is asking for £16359, I'll need to check previous letters from Kearns on how 15480 became 16359

 

Shall I scan any of this?

 

On a positive note, the ex is off the mortgage and my friend got the share of equity required to cover his debt.

 

Thanks, Kris

Edited March 27, 2017 by kp278
accidentally left notes in

[dx100uk]

yes lets see it

who said the CCa was enforceable?

[kp278]

i've not seen feedback on the cca (http://www.consumeractiongroup.co.uk/forum/showthread.php?459210-LInk-IDR-Kearns-claimform-Barclaycard-debt&p=4954032&viewfull=1#post4954032).

 

here's the other scans

 

thanks, kris

tomlinorder.pdf

defaultnotice.pdf

assignment.pdf

[dx100uk]

the CCA is the same one 6200000 that BC always send out as a CCA request return.

 

numerous hoist claims here have remained stayed despite the same being returned

 

imho if they are that confident

let them pay to lift the stay

[AndyOrch]

I would agree....possibly consider a Tomlin Order set at the default notice amount plus court fees...not a penny more.

[kp278]

It does seem they are asking for default amount plus court fees : default £15480 + court fee £779 + legal rep costs £100 = the £16359 on the tomlin.

 

The amount claimed on the court claim form was £18207, and a statement of account from link dated July 2016 shows balance at £18704. I think we are going to bite at £16359.

[dx100uk]

so you've had a bit of too and fro on the tomlin?

[kp278]

No, original Tomlin was/is for £16359. We went back and looked at the different numbers on the different paperwork to understand how they got to the amounts.

[dx100uk]

well they don't seem to be pushing this

which for me and knowing plink puzzles me

usually when they are on to a big debt like this

they go for the neck

and they didn't and haven't to date

that smacks that they know something is a miss that you've not spotted yet.

 

 

I take it from the SAR that the balance is 90% use of the card

and there not loads of penalty fees

and PPI and other stuff inflating it?

 

 

something's just not sitting right with me and the way they have[not] reacted.

[kp278]

Tomlin was received on 24th March giving us 21 days, we'll be at 14 days tomorrow. There is definitely some PPI, I'll need to look into the charges, I saw a couple of £12 in there, I'm sure there are more. This is something we thinking to do shortly, but likely after the Tomlin.

[dx100uk]

have you scanned the statements?

this might be the time to drive them down

 

 

the card is from about 2010 I think

so there wont be much

but it could give you room to drop it a few £k's even if that's inflated

and let them bat you back up a bit.

 

 

upto you but you'd get a far greater discount now than trying to reclaim after or even by trying to do a low F&F in the future

 

 

just musings

[kp278]

Hi

 

My friend has a Tomlin order that she has been paying off.  There's still a while to go on it, but we noticed Link are still recording a default each month. Do we just have to suck this up for a couple of years, or are Link being naughty?

 

Thanks, Kristian

[AndyOrch]

The default must be shown for 6 years from its entry and only 6 years...irrespective of the Tomlin Order.

[kp278]

Ah I may not have been clear .She still owes money on the Tomlin and this is paid off monthly, and a default is recorded each month along with the reduced balance. Should a default be recorded each month even though the Tomlin is being paid off?

[AndyOrch]

Yes it should be shown...the default and tomlin order are not connected...the Default Must show for 6 years....whether its being paid or not paid.

[kp278]

Ok, so Link will keep recording a fresh default each month until the original default date has hit six years?

[AndyOrch]

Correct.....thats the law..if you default/breach on an agreement it must be registered and shown for 6 years from the date of placement. 

[AndyOrch]

Thats placement by the original creditor...not from when Link bought the debt