smith v llyods black horse and arrow global limited belveder

[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

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

[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

[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

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

[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

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

[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.

[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

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

[FlamingParrot]

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

There seem to be two posts mixed in below so I'm afraid it's not very clear what's going on.

my concerns are £1000 advanced to clear overdraft as turned into £1500
cca ,sar lloyds black horse nothing was ever sent to me
and wouldnt acknolge the dispute nor would rockwell
its just got complicated letter from black horse was for adding charges we know about 500 was in charges
the letter was sent to byrom & keeley and they have sold all there clients are no longer tradeing
and the claims company that asked us to send credit agreement, and bank statments i emailed the bloke and they carnt find them ( lost) this was a reply to my email

PT said you should discuss these issues with the solicitor as well as offering £800 in Full & Final settlement in installments via a Tomlin Order. This figure would take into account what you are saying below about charges

told me to ring there solictor to ask for an xstention of 28 days
to get more evedence if they agree phone court xplain to them

then phone solictor state what bin paid on it pluss ppi to be removed
full offer of about 800 by instalments in the way of a tomlin order

I have asked for these in the past, so I'll chase them up again and let you know if I receive them

Otherwise, as said, I'll just have to get you a letter (which you can show to the Court) confirming that you did give Claim Yours your statements, including Byrom & Keeley statements showing payments, but they cannot be located.

Have you actually got a Court date yet?

Regards

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

my feeling are mixed
basically thought of asking for all ppi and interest to be removed to put the balance back to £1000 then all payments i made to be took into account to fetch the balance down more to about 700 ish
Tomlin order i think they use it in there favor to obtain a chargeing orderor even sell the debt on

PT suggested a F&F of £800. The idea of a Tomlin order is precisely to avoid getting a CCJ. They will need a CCJ before they can apply for a charging order.

I think the issues what are live, are worth using to get the Claimant to accept a lower and manageable payment.

[smith]

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

Can you explain your thoughts with regards to this case, i.e. what your concerns are?

my concerns are £1000 advanced to clear overdraft as turned into £1500
cca ,sar lloyds black horse nothing was ever sent to me
and wouldnt acknolge the dispute nor would rockwell
its just got complicated letter from black horse was for adding charges we know about 500 was in charges
the letter was sent to byrom & keeley and they have sold all there clients are no longer tradeing
and the claims company that asked us to send credit agreement, and bank statments i emailed the bloke and they carnt find them ( lost) this was a reply to my email

I have asked for these in the past, so I'll chase them up again and let you know if I receive them

Otherwise, as said, I'll just have to get you a letter (which you can show to the Court) confirming that you did give Claim Yours your statements, including Byrom & Keeley statements showing payments, but they cannot be located.

Have you actually got a Court date yet?

Regards

my feeling are mixed
basically thought of asking for all ppi and interest to be removed to put the balance back to £1000 then all payments i made to be took into account to fetch the balance down more to about 700 ish
Tomlin order i think they use it in there favor to obtain a chargeing order
or even sell the debt on

[FlamingParrot]

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

was going to ask 4 a tomlim order then found this
Hughmans Solicitors v Central Stream Services Ltd (in liquidation) and others [2012] EWCA Civ 1720, [2012] All ER (D) 260 (Dec); NLJ 11 January

Can you explain your thoughts with regards to this case, i.e. what your concerns are?

[smith]

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

was going to ask 4 a tomlim order then found this
Hughmans Solicitors v Central Stream Services Ltd (in liquidation) and others [2012] EWCA Civ 1720, [2012] All ER (D) 260 (Dec); NLJ 11 January

The appellant was a firm of solicitors. It acted for D, who was the registered proprietor of a property. Proceedings were brought against D by the first respondent company. Those proceedings were compromised and a Tomlin Order was made. Under the Tomlin Order, the property was to be sold by D, and £100,000 of the proceeds were to be paid to the company. Following a dispute about unpaid fees, the solicitors brought their own proceedings against D. They obtained a charging order over the property to cover those fees. Notice of the solicitors’ charging order, but not the company’s Tomlin Order, had been entered against the registered title to the property under the Land Registration Act 2002 (LRA 2002). The question arose as to whether the Tomlin Order made in favour of the company should take priority over the charging order made in favour of the solicitors. At first instance, it was held that the Tomlin Order created a proprietary interest in the property and that it took priority over the solicitors’ charging order. The solicitors appealed. Two issues arose. First, whether a Tomlin Order was capable of creating a proprietary interest in property owned by the defendant in the proceedings. Second, if so, whether it took priority over the solicitors’ charge.

[smith]

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

Good news! Have you informed the court about it?

yes email was sent to court and i found them and they placed it on file

pt sad speak to there solictor ask for tomlin order

try n get payment i made to lower debt ppi took off
and what evera left off 800 by instalments

was reading about tomplin orders some peoples debt was sold on and new crediter went 4 cj

could do with some help when time comes to speak to there solictor
like a lay out what to say i told solictor i suffer mental health she asked me if she could place that on file i said yes