Restons sent me a blue court letter for Arrow about MBNA

[Celestine]

Re: Restons sent me a blue court letter for Arrow about MBNA

A Tomlin Order would avoid a CCJ being entered now. But, you could end up with a CCJ down the line if you default, because the Tomlin Order will contain wording to that effect.

The point is that they have refused to provide you with requested documents upon which they will be reliant to enforce this debt against you. By not supplying, they have made it difficult (but not impossible) to defend. However, there is a strong chance given the age of the debt that they will not be able to dig out such documents.
A carefully worded defence would put you back in the driving seat, but will require a bit of hard work.

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

Hi Cel,

This is where ill fail, I am wholly useless at writing clever letters. Wouldnt even know where to start.

[Celestine]

Re: Restons sent me a blue court letter for Arrow about MBNA

Well, it really is up to you. A defence could be drafted but would then need to be followed through at a hearing, meaning you would need to understand and be able to argue your defence in front of a judge.

Due to the low amount of the debt, it is pretty certain the case would be allocated to the 'small claims track'. This means you cannot instruct solicitors and recover your costs from the opponent even if you win. Because small claims track provides protection from legal costs to encourage cases to run smoothly and efficiently.

I would still be sending them a s.78 request because you really do need to see a copy of the original agreement.

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

If during myself paying a monthly payment via Tomlin agreement and i still request/demand the original copy of T&C and contract and they fail to produce this after numerous requests, how much further would i be able to take it., Could i show the judge who agress the Tomlin and see if he changes anything further down the line,

Thank you for all advice it is much appreciated.

[FlamingParrot]

Re: Restons sent me a blue court letter for Arrow about MBNA

Did you manage to get this sorted out with a Tomlin order?

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

Hello There,

I have written to them when they sent me to Tomlin order saying i need to pay £30 a month PLUS a cheque payable to the court for £45.
I told them i agree to pay £30 a month and i am NOT going to pay the £46 fee as this was NOT mentioned anywhere on any paperwork nor on the phone.I have not had an

I have not had any mail back from them since.
I have also written a 4th letter demanding to see the "contract" and still nothing. I beleive if have every right to see this and they are now ignoring.

Where do i stand on this., Can i refuse the tomlin due to their non-compliance ?

[littlebert8]

Re: Restons sent me a blue court letter for Arrow about MBNA

You could refuse to sign the tomlin order, but there doesn't seem to be anything to stop them simply applying for judgement in default as you are well out of time to file a defence. If it were me, I would pay the £45 to avoid the CCJ as I don't see any realistic chance of defending it now.

Also, when you wrote to them offering to pay £30 a month, did you state that the offer was made "Without Prejudice" and have you actually raised any dispute with the claimant? This is important, as without it your offer could be considered an admission. The corollary is that Arrow, as much as it pains me to say it, appear to be doing you a favour with the Tomlin order.

[FlamingParrot]

Re: Restons sent me a blue court letter for Arrow about MBNA

You could refuse to sign the tomlin order, but there doesn't seem to be anything to stop them simply applying for judgement in default as you are well out of time to file a defence. If it were me, I would pay the £45 to avoid the CCJ as I don't see any realistic chance of defending it now.

Also, when you wrote to them offering to pay £30 a month, did you state that the offer was made "Without Prejudice" and have you actually raised any dispute with the claimant? This is important, as without it your offer could be considered an admission. The corollary is that Arrow, as much as it pains me to say it, appear to be doing you a favour with the Tomlin order.

I think we need to know whether this is a new development or not, sounds like the OP hasn't heard from Arrow and is just responding to my last post, dated a few weeks ago. :noidea:

Have Arrow made any contact?

Hello There,

I have written to them when they sent me to Tomlin order saying i need to pay £30 a month PLUS a cheque payable to the court for £45.
I told them i agree to pay £30 a month and i am NOT going to pay the £46 fee as this was NOT mentioned anywhere on any paperwork nor on the phone.I have not had an

I have not had any mail back from them since.
I have also written a 4th letter demanding to see the "contract" and still nothing. I beleive if have every right to see this and they are now ignoring.

Where do i stand on this., Can i refuse the tomlin due to their non-compliance ?

[littlebert8]

Re: Restons sent me a blue court letter for Arrow about MBNA

I think we need to know whether this is a new development or not, sounds like the OP hasn't heard from Arrow and is just responding to my last post, dated a few weeks ago. :noidea:

Have Arrow made any contact?

Either way, its well past the deadline to file a defence. Arrow are free to request judgement in default.

Without a defence being filed or any other evidence that the claim is disputed, the settlement offer may be considered an admission anyway. So I really don't see how this can now be defended.

The OP could let it lie, but Arrow have the upper hand and I don't see any advantage in waiting. Unless, however, the OP is confident that the court will order payment by lower instalments than negotiated in the consent order. Don't think I'd roll the dice for the sake of £45, but everyone's circumstances are different.

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

Hello All,

I have never had a letter from Arrow, only Restons.

What peeves me off is that they are NOT responding to my letters when they should be and i have not heard back from them stating i am paying £30 and have setup a standing order and they have had 2 payments already...


Tomlin is signed, and 2 payments of £30 have been paid to restons using their ref# etc

[FlamingParrot]

Re: Restons sent me a blue court letter for Arrow about MBNA

Hello All,

I have never had a letter from Arrow, only Restons.

What peeves me off is that they are NOT responding to my letters when they should be and i have not heard back from them stating i am paying £30 and have setup a standing order and they have had 2 payments already...

Tomlin is signed, and 2 payments of £30 have been paid to restons using their ref# etc

Have they discontinued the claim?

[littlebert8]

Re: Restons sent me a blue court letter for Arrow about MBNA

If the Tomlin has been signed and sealed by the court, then the claim would be stayed as per the terms of the consent order. as the claim has been settled, there is no point in asking for a copy of the original 'contract' as this is now supesceeded by the consent order. If you break this, its game over - they will be able to obtain judgement.

If Restons have filed the consent order, they will have paid the fee to the court. They may have been trying it on by asking for a cheque made out to the court. I would telephone the court to establish if the consent order has been filed.

[littlebert8]

Re: Restons sent me a blue court letter for Arrow about MBNA

Also, why ask if you can "refuse the Tomlin order" if you had already signed it? Do you think you could post a copy of this so we know exactly what you have agreed to?

[Quasar]

Re: Restons sent me a blue court letter for Arrow about MBNA

When i signed the tomlin agreement, i have had nothing back, not even a confirmation, so i dont even know if the claim has been dropped and they are just taking my money..

Lilbert, what i mean by "refuse the tomlin" was to stop paying it due to them not sending me proof of contract, but as stated above, the tomlin supercedes this request.

I think i will email the court and find out if it has been stamped...
What if i find out its actually been dropped ?

[littlebert8]

Re: Restons sent me a blue court letter for Arrow about MBNA

I would call - might take a week to respond to your email.

Its wishfull thinking that they will have discontinued - why would they?. I'd be more worried about them forgetting to file the Tomlin and requesting judgement in default.