smith v llyods black horse and arrow global limited belveder

[FlamingParrot]

Re: smith v llyods black horse and arrow global limited belveder

With regards to Tomlin orders, you may want to look at this: http://www.wragge.com/analysis_6022.asp#.UXlbZoJXZgc

[pt2537]

Re: smith v llyods black horse and arrow global limited belveder

With regards to Tomlin orders, you may want to look at this: http://www.wragge.com/analysis_6022.asp#.UXlbZoJXZgc

This was the point i was making, i suggested that a Tomlin should be the way forward to settle the matter with monthly payments at a manageable level.

I dont think you have any argument over the amounts, you borrowed £1k, the charge for credit and the credit add up to more than you seem to have thought, this appears to be where things went wrong.


If it were me, id get them to remvoe the charges, remove the ppi from the debt, and agree an order by consent. If you dont, and file a defence that lacks merit, then the Claimant may end up not only taking the debt from you, but also a large costs order too. Even in the small claims track, see Shaw v Nine Regions

[FlamingParrot]

Re: smith v llyods black horse and arrow global limited belveder

If it were me, id get them to remvoe the charges, remove the ppi from the debt, and agree an order by consent. If you dont, and file a defence that lacks merit, then the Claimant may end up not only taking the debt from you, but also a large costs order too. Even in the small claims track, see Shaw v Nine Regions

For reference:
http://www.oft.gov.uk/shared_oft/unf...ne-regions.pdf

http://www.thesolicitorsgroup.co.uk/...aims-Costs.pdf

Despite the default rules on costs in small claims proceedings, there can be occasions when the court will award costs in small claims cases where the parties make the appropriate contractual provisions.

[smith]

Re: smith v llyods black horse and arrow global limited belveder

Who was offering to get you a letter to show to the court?
the bloke from the claims company he said they have lost all my letter from creditors
and statments of credit cards and all my payment history from byrom & keeley
showing all payments made and when creitors cashed the checks

[pt2537]

Re: smith v llyods black horse and arrow global limited belveder

Who was offering to get you a letter to show to the court?

Im not entirely sure what you mean?

With regards the CMC who lost your data, that would be a breach of the Data Protection Act 1998 among other things imho.

I remain of the view that the matter is a risk to fight to trial and is likely to land you with a CCJ, Charging order and possibly an application for order for sale. I believe settlement on terms offers the best option.

[smith]

Re: smith v llyods black horse and arrow global limited belveder

Im not entirely sure what you mean?

With regards the CMC who lost your data, that would be a breach of the Data Protection Act 1998 among other things imho.

I remain of the view that the matter is a risk to fight to trial and is likely to land you with a CCJ, Charging order and possibly an application for order for sale. I believe settlement on terms offers the best option.

tomlin order it is then

how do i go about cmc thats lost all my data ie letters,credit agrements,credit card statments
in puting a complaint in should i take it further

[Celestine]

Re: smith v llyods black horse and arrow global limited belveder

tomlin order it is then

how do i go about cmc thats lost all my data ie letters,credit agrements,credit card statments
in puting a complaint in should i take it further

Get the Tomlin Order agreed first.

A DPA complaint to the ICO (Information Commissioner)about the CMC can come after the current crisis is under control.

[smith]

Re: smith v llyods black horse and arrow global limited belveder

ok hi have tryed with els cole to get a tomlin order been on phone a few times

they state intrest as been aplied to the account

also state they have letters of my dispute, due to charges,and ppi



they told me i would have to take that up with black horse nothing to do with them or arrow globale

i asked about a tomplin order

they asked for a income and out goings and copys of dispute letters i sent,,
letters about black horse charging 80 pounds penalty charges .......that i carnt they was all sent my me to byrom keeley and they are no longer tradeing the dmp

i told them what the dispute was about with black horse i have to send els cole all this info and offer of payment and the lady will then speek with her manger about it i found the call very misleading

i also asked why fentons never put me in court no reply the lady from els also stated no charge have been aplid but only intrest to the account but the argeement they sent states fixed sum loan areement
so basiclay they carnt charge any xtra intrest on it more like the charges

basicly they are asking for the full amont of 1549.44

could need help frying to xplain the dispute in a form of a letter she gave me till friday the 25 days are up

shall i put embaresed on defence or not not sure

[smith]

Re: smith v llyods black horse and arrow global limited belveder

HELP WITH DRAWING A TOMPLIN ORDER UP


hi there just come of phone with PT2357 AND HE SED AKE SOME 1 ON site to draw up a tomplin order up they will if you ask sure some 1 will help with that to try n stop it going court

he said ask all charges be removed ,intrest
offer like 800 by installments of x amount of pounds
with out predjudce get in touch with your client
and get back to me
if they acept this offer
draw up the paper work send it me to look at it if i agree ill send it back



BUMP

this is to try and avoid court as i have no denfence at all and
pt2537 told me this to day thanks i have untill friday of this week

[Celestine]

Re: smith v llyods black horse and arrow global limited belveder

I can't do it right now, but I can draft you Tomlin later today.

[smith]

Re: smith v llyods black horse and arrow global limited belveder

I can't do it right now, but I can draft you Tomlin later today.

thankyou very much celestine that will be ok thankyou
like pt said ill have to put ball in there court this way

[FlamingParrot]

Re: smith v llyods black horse and arrow global limited belveder

You are in good hands, Smith, PT :yo: and Cel :yo: are the best you can have in terms of consumer credit specialists :first:

[Celestine]

Re: smith v llyods black horse and arrow global limited belveder

Hi Smith

Sorry for the delay. Please find attached a (pretty rushed) Tomlin. :tinysmile_hmm_t2:

You'll need to fill in the gaps. Shout if you need more help.


Tomlin Order.doc

[smith]

Re: smith v llyods black horse and arrow global limited belveder

hi what do pleadings meen please is that the dead line they set on the xtra 25 days

[Celestine]

Re: smith v llyods black horse and arrow global limited belveder

Hi Smith
The 'pleadings date' is the date the claim was issued against you. (Not the date you received it)