Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

[Seeker2012]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

Thanks for your reply. In other forums I have seen examples of other Tomlin Orders having a 'safety' clause in them allowing a 14 day grace period for any missed payment to be rectified before any action can be taken by Creditor. Also clauses making clear no extra charges/interest EVER... or selling on the debt.
Should I not push for this before I agree to anything.
I assume it has to be worth at least trying to negotiate this?

Just not sure how to play this. I still have a week before I have promised a written response.. so I want to be sure of all my options. It seems any attempt to negotiate is usually seen as weakness by a Creditor and they just go for blood.

Is it worth trying a larger amount for Full and Final settlement if I can get more help from friends? Or am I just playing into their hands?

Thank you for all your help. Perhaps somewhere on this site (unless I've missed it), a comprehensive help section on the ins and outs of Tomlin Orders and clauses to have or veto would be good? Everywhere I have looked on Forums the advice for starters is don't blindly sign anything.

[Amethyst]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

I can't advise just give you my thoughts. You can negotiate on the Tomlin order yes, and removing the time is of the essence clause and adding in leaway might seem like a good idea - however it seems you are in the underdog position at the moment with regards negotiation - you currently would be able to pay £1 a month forever more without having a CCJ against you - and they could just say sod off and continue with the case to get judgment against you (assuming they lost at a court hearing) and enforce it through other means ( attachment of earnings, bailiffs, charging order etc) You can try a higher f&f but you don't have a lot of bargaining power really so I'd worry about you getting into debt with friends/family which could cause greater issues / stress than paying £1 a month.

Of course you could continue fighting them through court just weigh up what outcome you want - if it is to not have a CCJ then this seems like a decent option. There are loads of if's, but's and maybe's, there always are in negotiation - the key is stopping when the negotiation gives you what you want. If you make the payments (a standing order for the day after you have money go into your account is always a good way to organise it.

If you don't want to make an agreement, then don't and let the Judge decide on the amount - if you lost the case you would likely get a forthwith order, which you could then apply to vary to an installment order based on your income and expenditure - and of course that would take into account any priority debts you are repaying - like council tax. BUT the claimant could still apply for a charging order to secure the judgment while you make the payments, so I don't see it puts you in any better position.

Tomlin orders vary from case to case, there are a number of examples around. The main thing when paying under a tomlin order is to keep strict records of payments and ensure you don't miss one - then if they do try and tell the court you breached the consent order you can evidence you did not.

[Seeker2012]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

Thanks you for your valuable advice, I do appreciate it. Lots to think about this week.

Have read that since 2012 a Creditor can go to court for a Charging order regardless of any payment record. It seems to me BWLEGAL are just waiting for me to sign a Tomlin Order so they can move forward on that as a next step.
Haven't found anyone else on here yet with a similar experience so I don't know if this is now their standard policy?
Just seems to me the vultures at BWLEGAL would not offer a Tomlin for nothing. Curious as to why they don't continue case anyway if convinced they'd win. They would heap all the costs on me and still get their judgement. Just seems odd.

Another factor I read elsewhere is post-Charging Order creditors like to slap interest on from that point on. It appears from what i have read they should not be able to do that, but they do fight that corner. That also is a worry to me. Although I believe I read that a debt less than £5000 is covered by some sort of legal restriction on interest etc?

If you have any thoughts on this I would be grateful.

Thank you!

[Amethyst]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

The charging order only comes into play if they have a CCJ - the proposed tomlin order doesn't give them a judgment or a voluntary charge over your home. I do agree though, a tomlin for £1 a month is a little pointless and does only seem to benefit you, although they would only get the same by going through court as I believe you told them previously.

Btw Have we got a copy of the agreement posted on here?

[Seeker2012]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

The charging order only comes into play if they have a CCJ - the proposed tomlin order doesn't give them a judgment or a voluntary charge over your home. I do agree though, a tomlin for £1 a month is a little pointless and does only seem to benefit you, although they would only get the same by going through court as I believe you told them previously.

Btw Have we got a copy of the agreement posted on here?

On balance it seems I should just sign the Tomlin and leave it at that. Making sure to pay well in advance of course. I assume that it is still possible to approach the Creditor with a F+F offer at some point. If they refuse, things would just stay as they are.
I've read Creditors can go back to court to claim payments are unreasonably small.....but that can be contested?

I will attach a copy of the agreement I was sent here..... does seem to be an inconsistency between Interest Rate of 21.9% and 21.95% in two sections. Don't suppose that matters. The assumptions of an immediate purchase of £1200 pounds is interesting too...that never happened as far as I know. Not that I have any statements via CPR showing breakdown of alleged debt anyway....just total balance month on month.

Thanks for all your help!

[Kati]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

:bump: for [MENTION=55034]nemesis45[/MENTION] xx

[Amethyst]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

The 'assumptions' of the £1200 is on the agreement as an example to show how the interest etc works on the account and you find it or very similar on all agreements now.

The consent order is a legal agreement, they are agreeing to abide by that consent order as much as you are and any changes would have to go through court - and they could only do that if you breached your side.

On that agreement - did you receive a copy of the 'general credit card conditions' that form part of the agreement ? (bottom right under signature area)

[Seeker2012]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

The 'assumptions' of the £1200 is on the agreement as an example to show how the interest etc works on the account and you find it or very similar on all agreements now.

The consent order is a legal agreement, they are agreeing to abide by that consent order as much as you are and any changes would have to go through court - and they could only do that if you breached your side.

On that agreement - did you receive a copy of the 'general credit card conditions' that form part of the agreement ? (bottom right under signature area)

Based on what you say it would appear that i should get a £1 payment to them by DEC 1st (as per the Consent Details). And also make sure a Standing Oder is set up for before the 1st of every Month as per your advice.
As regards the agreement. They also included a printed off large text (reconstituted?) version.....apparently inclusive of all Terms. So I assume that covers it?

Still seems odd they are OK with £1.. but will not negotiate or even come back with an alternative acceptable figure for F+F settlement.

Thank you again for taking the time to address my questions.

[Amethyst]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

Yes sounds okay unfortunately.

If you want to go full & final offer further along the line you can do yes, but you will need a replacement consent order to formalise it overruling this one. They probably are hoping you'll muck up payments and they can go straight to judgment yes, but if you don't, there is nothing they can do.

[Seeker2012]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

Yes sounds okay unfortunately.

If you want to go full & final offer further along the line you can do yes, but you will need a replacement consent order to formalise it overruling this one. They probably are hoping you'll muck up payments and they can go straight to judgment yes, but if you don't, there is nothing they can do.

OK... have bitten the bullet and sent off forms. Paid the 1st payment 0n the 30th Nov which is within timescale ... and confirmed via Bank it is done. I assume I just wait for something in the post from BW Legal or the Courts now. Will set up Standing Oder as per advice.
Still find their approach odd though... if so confident of success why not go to court anyway and get the judgment... instead of the Tomlin offered. Not that I am complaining of course.

Thanks to all who have helped and advised on here.....it is truly appreciated.

[Seeker2012]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

Yes sounds okay unfortunately.

If you want to go full & final offer further along the line you can do yes, but you will need a replacement consent order to formalise it overruling this one. They probably are hoping you'll muck up payments and they can go straight to judgment yes, but if you don't, there is nothing they can do.

Just a further note on progress. Have sent off signed Consent Order......Payment of token £1 made on 30th Novenmber (Order stated should be done by Dec 1st so OK there). Confirmed all this via on-line banking.
Set up Standing Order as per your advice.....however mase it for 20th of Month NOT 1st as stated on Consent Form.....so would always be there on time. I think this is something to be wary of because if the payment date falls on a Friday in the month...then bank often does not guarantee payment until NEXT WORKING DAY...which would be the TUESDAY after. Therefore straight away you fall into the late payment trap.

Perhaps something regarding Bank Payment protocol others need to be wary of.

Anyway I have still heard nothing back from anyone including Courts yet. No idea how long Consent Orders take to go through. Or should I worry now that BWLEGAL have my signed form.....can they just ignore it and press ahead with court hearing to gain more leverage etc?

Thanks all for your support and advice.....have the Merry Christmas you most certainly deserve!

[Amethyst]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

Good to hear you're getting things sorted out now. You could contact BC to check they are dealing with it, if they don't then the case will proceed as normal - they don't get any benefit from not dealing with the consent order - I believe you sent in your N180 for allocation so next step from the court would be a letter confirming the transfer to your local court and then directions or a hearing date and order for documents from the court. You kept a copy of the consent order I presume?

[Seeker2012]

Re: Court Claim - Lowell Portfolio 1 Ltd / HALIFAX - 5-1-2015

Good to hear you're getting things sorted out now. You could contact BC to check they are dealing with it, if they don't then the case will proceed as normal - they don't get any benefit from not dealing with the consent order - I believe you sent in your N180 for allocation so next step from the court would be a letter confirming the transfer to your local court and then directions or a hearing date and order for documents from the court. You kept a copy of the consent order I presume?

I shall contact BWLEGAL asap...have checked Post Tracking and they signed for my returned Consent Order plus covering letter on December 02nd. However, I do not recall ever sending an N180 form off. I have certainly no letter from court stating things have been allocated to Small Claims Track. I will double check asap.... but I always scan documents I am sending off.
Would the N180 have come from court with the original Claim Forms I received? I did everything via online after that.

If things do progress to court (even after all BWLEGAL proposed and I complied with), how does them ignoring I have agreed to Consent Order help me in a hearing? The point was to avoid a hearing and hopefully any extra enforcement issues.
I have scanned copy of Consent Order.

Thank you.