Onliine Claim Help

[BankFodder]

I'm sorry but you've given us scant detail – and you have been here long enough to know that we need to understand the story thoroughly in order to give you the best advice.

This means that you need to give us a bullet pointed chronology so that we can understand dates, sums, who the parties are and what the issues are – at least that.

As you put a claim in, you should put up the claim form in PDF format – and presumably they have filed a defence and you should post that up as well in PDF format – redacted for identifiers.

 

[BankFodder]

6 minutes ago, dx100uk said:

why not do a consent order?

 

dx

 

I was thinking a Tomlin order – but certainly although we haven't heard anything about the story yet, if they have passed the date for a default judgement I would be putting in for a judgement. I'm not aware that one is prevented from putting in for a judgement if there is some kind of negotiation going on.

However we need to know the story

[BankFodder]

I haven't read the draft agreement – it's too involved but I get the gist from the claim form. Thank you

 

I would suggest that you tell them that you want this agreement rendered into a Tomlin order.

It seems to me that on that basis you are both protected.

 

I suggest that you write to them tomorrow or phone them and say to them that if the agreement is rendered into a Tomlin order then you are good to go.

I'm a bit concerned because according to the claim you are claiming over £10,000 and the interest and that takes you into the fast track

[BankFodder]

Well as I say, I haven't read anything about the agreement particularly.

Have they agreed to what you're asking in return for confidentiality? And also is there a risk that if you insist on selling them confidentiality that it could prejudice the entire agreement?

Let me say, that in principle I totally agree that people should not give away confidentiality for nothing

[BankFodder]

You say there is no defence – but they may decide to put something up.

You say also that you will apply for summary judgement – but at this level it will be quite difficult and quite time-consuming. I suppose you're not confusing summary judgement with default judgement?

Anyway, it looks as if they want to settle and I would suggest that in order to secure your position you have it rendered into a Tomlin order.

Put it to them. As they are using a solicitor, tell them to draft the Tomlin order so you can have a look at it and coming and suggest any amendments.