Buried my head now I have a claim

[echat11]

You add it to the letter, like so -

Without Prejudice

[adot88]

echat11 sorry for the bombardment, do you think it’s worth sending this via postal letter as well?

[echat11]

echat11 sorry for the bombardment, do you think it’s worth sending this via postal letter as well?

You can do, does no harm.

[adot88]

echat11 i plan to get the email sent out today but just been
having issues with the income/expenditure form Overdales have sent, I’m going to see if I can fill one out over the internet to provide. I’ve added this to the email at the ends, let me know if you think it’s good to add, I’ve increase the total amount offered to see if that gives an incentive to close this matter

To conclude this email

The actions of the claimant has resulted in the additional cost occurred. If protocol and reasonable request were followed, this matter could of been resolved

The debt is not enforceable due to the negligence of the claimant: incorrectly serving the Notice of Assignment

The Claimant has failed to follow FCA Sourcebook, CONC 7.10.

In line of the above and to save myself, the courts and yourself time, I request that you either consider discontinuance or a Tomlin Order for the principal debt of £2,300 at a monthly payable rate of £5.

thanks again!

[echat11]

See below:-

echat11 i plan to get the email sent out today but just been
having issues with the income/expenditure form Overdales have sent, I’m going to see if I can fill one out over the internet to provide. I’ve added this to the email at the ends, let me know if you think it’s good to add, I’ve increase the total amount offered to see if that gives an incentive to close this matter

Yes, it's a good idea, make sure you write 'Without Prejudice'.

https://www.citizensadvice.org.uk/Global/AdviserNet/CASDocuments/Fact%20sheets/d-budget-sheet.pdf

To conclude this email

The actions of the claimant has resulted in the additional cost occurred. If protocol and reasonable request were followed, this matter could of been resolved

The debt is not enforceable due to the negligence of the claimant: incorrectly serving the Notice of Assignment

The Claimant has failed to follow FCA Sourcebook, CONC 7.10.

In light of the above and to save myself, the courts and yourself time, I request that you either consider discontinuance or a Tomlin Order for the principal debt of £2,300 at a monthly payable rate of £5.

That's fine.

thanks again!

[adot88]

echat11 thank you. I’m doing this all on my phone which is why I’m having these issues I’m thinking to give step change a call and see if they can run an I/E over the phone and send it over to me.

Just wanted to get your opinion on this - me and my partner have completely separate finances and don’t share responsibilities. The form asked for partner income and I want to keep her out of this as much as possible (as this situation had impacted my relationship quite greatly), is this something I should still add?

[echat11]

echat11 thank you. I’m doing this all on my phone which is why I’m having these issues I’m thinking to give step change a call and see if they can run an I/E over the phone and send it over to me.

Just wanted to get your opinion on this - me and my partner have completely separate finances and don’t share responsibilities. The form asked for partner income and I want to keep her out of this as much as possible (as this situation had impacted my relationship quite greatly), is this something I should still add?

If you have separate finances, no joint accounts, no joint liabilities etc.

Just put a line through those bits.

[adot88]

echat11 im just about to hit send, was just wondering I know you mentioned not to pass these to the courts yet but should I CC them into the email so they can see settlement and negotiation attempts?

[echat11]

echat11 im just about to hit send, was just wondering I know you mentioned not to pass these to the courts yet but should I CC them into the email so they can see settlement and negotiation attempts?

No. they won't be interested at this stage.

[adot88]

echat11 Hi, I hope your weekend went well.

I’ve got some good news I guess, Overdales have responded to my email today and sent me a revised Tomlin order document with the £5 per calendar month accepted.

However, this is for the total amount they previously requested of £2763.3X, they’ve ignored my £2,300 offer.

in all honestly, I’m considering accepting it as it may just save me a lot of trouble. Do you think it would be worth countering with the £2300 again and seeing their response? I’m just slightly afraid they’ll turn around and not accept settling at all and the hearing is this Friday.


their email was simply:

Good afternoon,

Thank you for your below email. Please find attached amended Tomlin Order.

Their Tomlin order states:

Upon the parties having agreed terms of settlement set out in the Order and Schedule below.

By consent it is ordered that:

All further proceedings in this Claim be stayed except for the purpose of carrying out the Terms of the Schedule attached to this Order

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 attached Schedule.

There be no Order as to costs

**This part is then just signatures between me and overdales**

Schedule

The Defendant agrees to pay the Claimant the sum of £2,763.3x (‘the Settlement Sum’) (including costs, fees and interest) in full and final settlement of the Claim

The Settlement Sum is to be paid by the Defendant at a rate of £5 per month commencing within 1 month following receipt of the sealed Order and thereafter on the same day of each month until the
Settlement Sum has been paid.

Should the Defendant default on the above, the Claimant is at liberty to enter Judgment against the Defendant for the Claim value less any payments made, together with the costs of entering Judgment and any costs associated with requesting Judgment.

thank you again for all the advise and in advance of any advice given @echat11

[echat11]

echat11 Hi, I hope your weekend went well.

I’ve got some good news I guess, Overdales have responded to my email today and sent me a revised Tomlin order document with the £5 per calendar month accepted.

However, this is for the total amount they previously requested of £2763.3X, they’ve ignored my £2,300 offer.

in all honestly, I’m considering accepting it as it may just save me a lot of trouble. Do you think it would be worth countering with the £2300 again and seeing their response? I’m just slightly afraid they’ll turn around and not accept settling at all and the hearing is this Friday.


their email was simply:

Good afternoon,

Thank you for your below email. Please find attached amended Tomlin Order.

Their Tomlin order states:

Upon the parties having agreed terms of settlement set out in the Order and Schedule below.

By consent it is ordered that:

All further proceedings in this Claim be stayed except for the purpose of carrying out the Terms of the Schedule attached to this Order

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 attached Schedule.

There be no Order as to costs

**This part is then just signatures between me and overdales**

Schedule

The Defendant agrees to pay the Claimant the sum of £2,763.3x (‘the Settlement Sum’) (including costs, fees and interest) in full and final settlement of the Claim

The Settlement Sum is to be paid by the Defendant at a rate of £5 per month commencing within 1 month following receipt of the sealed Order and thereafter on the same day of each month until the
Settlement Sum has been paid.

Should the Defendant default on the above, the Claimant is at liberty to enter Judgment against the Defendant for the Claim value less any payments made, together with the costs of entering Judgment and any costs associated with requesting Judgment.

thank you again for all the advise and in advance of any advice given @echat11

There is no harm in trying, put your 'personal circumstances', 'cost of living' etc. A Doctors letter would be good regarding your 'health' etc.

See what they say, nothing lost in doing that. They stressed / caused anxiety for no reason. Update when you get a response.

[adot88]

echat11 thank you, I’m going to get something typed up now. I’ve already sent them an income/expenditure plus all my doctor note/ fit note to provide to my work regarding my mental health etc and evidence showing where they went against FCA conditions. I’m just going to reiterate what was previously sent and see if they would consider it. I’ll let you see a draft before sending.

[echat11]

echat11 thank you, I’m going to get something typed up now. I’ve already sent them an income/expenditure plus all my doctor note/ fit note to provide to my work regarding my mental health etc and evidence showing where they went against FCA conditions. I’m just going to reiterate what was previously sent and see if they would consider it. I’ll let you see a draft before sending.

O.K.

[adot88]

echat11 Hi, here is my my response, let me know what you think. Also should I Include “without prejudice”? Thanks again


Hello,

Thank you for getting back to me with the revised Tomlin Order.

I’m pleased to see that the £5 per month offer can be accepted. However, the total cost still remains at £2,763.x5.

I insist that you reconsider the total amount of £2,763.xx and accept my counteroffer of £2,300 at £5 per month, as per my previous email.

As outlined previously, the claimant has failed in multiple aspects concerning law/regulation and has not engaged correctly in settling this matter, thus leading to additional costs.

Unfortunately, as we are living in unprecedented times with the rise in the cost of living, not to mention the stress and anxiety caused by the situation, the disregard for my request to settle this matter in a manner best suited to my mental health (again going against the FCA Sourcebook, CONC 7.10) in 2021, and the negative impact this has had on my work performance, as well as the claimant serving the Notice of Assignment to my parents, from whom I am estranged due to emotional and financial abuse, I again request that the offer amount of £2,300 at £5 per month be accepted and revised into the Tomlin Order so that this matter can be closed in a timely manner, saving time for myself, you, the claimant, and the courts.

A prompt response would be appreciated.

Thank you.

[echat11]

Yes include 'Without Prejudice'.

Remove 'my request to settle this matter in a manner best suited to'.