Buried my head now I have a claim

[adot88]

echat11 Hi, after speaking to my partner about this, I am just considering to take the deal as it is. It just seems a lot more better than hitting the send button on the email above and risking the Tomlin order being taken off the table and courts not settling in my favour.

Just wanted to ask if there would be any way I can ask that the default mark be removed from my credit file with Lowell as a condition on the Tomlin Order? Is this something that they could consider?

[adot88]

echat11 Also, not that i could afford it but can Tomlin Orders be settled early?

[echat11]

echat11 Also, not that i could afford it but can Tomlin Orders be settled early?

Yes, as long as the Creditor agrees, but make sure settlement is formally drafted, it's a Full and Final Settlement, not done over the phone.

[adot88]

Thanks echat11. I don’t know if you saw post 106 but I’m just going to take the Tomlin Order as given by Overdales. It’s just too much risk in not going ahead with it. I’m going to shoot an email of to Overdales saying I’ll sign the box but want to ask them if they can remove the default off my credit file first. Would I need to ask them to Clarify what date the payment will need to be made and how we will set up the payments?

[adot88]

echat11 I’ve had a look around the internet and can see a few examples of where defaults have been removed on the back of Tomlin order, I’m going to be sending this over today, let me now know your thought:

Hello,

Thank you for getting back to me. Although, I can see that the counter offer was not amended into the Tomlin Order, I am willing to accept this as is to ensure this matter is closed.

I would like the following to also be included into the Tomlin Order:

The Tomlin Order cannot be placed against my credit file

The Claimant is to remove any default mark from my credit file.

Once these conditions can be seen in the amended Tomlin Order, I will sign and send back as required.

Your prompt respond would be appreciated.

Thank you.


thanks in advance echat11

[echat11]

echat11 I’ve had a look around the internet and can see a few examples of where defaults have been removed on the back of Tomlin order, I’m going to be sending this over today, let me now know your thought:

Hello,

Thank you for getting back to me. Although, I can see that the counter offer was not amended into the Tomlin Order, I am willing to accept this as is to ensure this matter is closed.

I would like the following to also be included into the Tomlin Order:

The Tomlin Order cannot be placed against my credit file

The Claimant is to remove any default mark from my credit file.

Once these conditions can be seen in the amended Tomlin Order, I will sign and send back as required.

Your prompt respond would be appreciated.

Thank you.


thanks in advance echat11

It's not a risk, but it's up to you. To be honest, they didn't respond to the 'counter offer' you made, they expect you to go back at which stage they would say 'yes'. But it's up to you. Yes that's fine.

[adot88]

echat11 thanks, I’m going to be sending this off. I’ll update you with a response. However, I’m just going to include that the default mark be removed within one month of the Tomlin order commencing.

[adot88]

echat11

Hi, this was there response:

Good afternoon,

We are unable to accept the offered terms as the default has been correctly applied to your credit file and any removal would constitute as ‘credit washing’.

In addition, should you default on the agreement, the Claimant is at liberty to enter Judgment against you which would result in a CCJ on your credit file.

If the Tomlin Order is not agreed, we have no option but to proceed.

Kind regards

I think I’m just going to go ahead and sign the agreement. Although it’s not at the countered amount, I think in the long run, the stress and mental load that will be relieved outweighs the extra amount.

As always echat11 if any last minute advice can be given, I’ll happily listen.

thank you again.

[echat11]

echat11

Hi, this was there response:

Good afternoon,

We are unable to accept the offered terms as the default has been correctly applied to your credit file and any removal would constitute as ‘credit washing’.

In addition, should you default on the agreement, the Claimant is at liberty to enter Judgment against you which would result in a CCJ on your credit file.

If the Tomlin Order is not agreed, we have no option but to proceed.

Kind regards

I think I’m just going to go ahead and sign the agreement. Although it’s not at the countered amount, I think in the long run, the stress and mental load that will be relieved outweighs the extra amount.

As always echat11 if any last minute advice can be given, I’ll happily listen.

thank you again.

Yes, sign the Tomlin Order.

When did you find out that they the documents to your parents address, was it the Notice of Assignment?

[adot88]

echat11 in all honestly, I only found out that the notice of assignment was served to my parents address when reviewing the documents for my witness statement. I actually didn’t even realise this was serviced to the wrong address as I didn’t see it at all. (I didn’t know it was something that needs to be served correctly till research).

[echat11]

echat11 in all honestly, I only found out that the notice of assignment was served to my parents address when reviewing the documents for my witness statement. I actually didn’t even realise this was serviced to the wrong address as I didn’t see it at all. (I didn’t know it was something that needs to be served correctly till research).

Once this is done, Tomlin Order is set up.

Make a Formal Complaint, follow the Creditor's Complaint Procedure, they have breached data protection protocols, by sending your documentation to your parents address, they have caused you stress and anxiety, you should be compensated for that. They have 8 weeks to investigate, if you still aren't happy, then you can lodge a complaint with the FOS.