Twins22 Restons/Arrow

[charitynjw]

Re: Twins22 Restons/Arrow

The card number is on the claim form so I have kept it in my CCA request.Will that be ok?
I have typed up my CPR request- how do I know what documents to request from the claims form I'm a bit confused at this bit?

Without sight of the Particulars of Claim (on the court claim form) it would be a tad difficult to say.

[Twins22]

Re: Twins22 Restons/Arrow

Particulars on the claim form are:
The claimant claims paymentbof the overdue balance due from the defendant under a contract between defendant and (bank name) dated on or about month/2002 and assigned to the claimant on Nov 2015
particulars acct no.........
date and balance giving total amount.

Any help would be great on this part.

[charitynjw]

Re: Twins22 Restons/Arrow

Not much to go on there!

They mention a contract and an assignment, so for the CPR31.14 letter you can ask for an accurate copy of the contract & the Notice of Assignment.

From your previous posts, this is for a credit card, and therefore an agreement regulated by CCA 1974; they fail to mention that in the PoC, & make no mention of a Default Notice (a requirement of the CCA prior to termination of the account).
Also noted; the contract dates from 2002.

[Twins22]

Re: Twins22 Restons/Arrow

Should I mention the default notice in my CPR letter?

[charitynjw]

Re: Twins22 Restons/Arrow

I wouldn't.

[Twins22]

Re: Twins22 Restons/Arrow

I have just had a call from Restons and they have agreed the Tomlin Order.They said I will receive 3 copies in the post I need to sign them send them back with a fee of £100.I asked for this in writing and they said it will be sent out ASAP and said all calls were recorded so I didn't need to panic with regards to the court papers.In fact they said I could do nothing with them but must sign the papers and return with the fee.I have already acknowledged and sent my CCA.Was going to just put my draft of the CCR on here before sending but now not so sure what to do??
I suppose first is there a fee for the Tomlin?
Secondly do I trust that they will do it?I guess I do have some time but not sure if I should send the CCR?
Any halo would be appreciated.

[nemesis45]

Re: Twins22 Restons/Arrow

I have just had a call from Restons and they have agreed the Tomlin Order.They said I will receive 3 copies in the post I need to sign them send them back with a fee of £100.I asked for this in writing and they said it will be sent out ASAP and said all calls were recorded so I didn't need to panic with regards to the court papers.In fact they said I could do nothing with them but must sign the papers and return with the fee.I have already acknowledged and sent my CCA.Was going to just put my draft of the CCR on here before sending but now not so sure what to do??
I suppose first is there a fee for the Tomlin?
Secondly do I trust that they will do it?I guess I do have some time but not sure if I should send the CCR?
Any halo would be appreciated.

You are right to question their actions to ensure you don't have problems later.
Leave the CPR for now.

nem

[MIKE770]

Re: Twins22 Restons/Arrow

Fee of £100 ????????????????? have I missed something here????

[Diana M]

Re: Twins22 Restons/Arrow

Fee of £100 ????????????????? have I missed something here????

That will be the court filing fee for the Tomlin Order.

Di

[charitynjw]

Re: Twins22 Restons/Arrow

Fee of £100 ????????????????? have I missed something here????

That will be the court filing fee for the Tomlin Order.

Di

I'm also puzzled.
There's a live claim currently in play; why not use the FOC court mediation process to arrange a settlement?

[MIKE770]

Re: Twins22 Restons/Arrow

my thoughts as well?

[Diana M]

Re: Twins22 Restons/Arrow

I'm also puzzled.
There's a live claim currently in play; why not use the FOC court mediation process to arrange a settlement?

. . . . . after filing the Defence which is likely to state that the Claimant has not complied with the s.77-79 CCA and CPR 31.14 Requests (so the debt would be currently unenforceable in court).

The AOS has been filed so no risk of a Default Judgment.

After the Defence is filed the parties would be offered free telephone Mediation if the Claimant informs the court that they wish to continue with the proceedings.

I'm always in favour of bargaining from a position of strength but it has to be the OP's personal choice on how to handle the matter. They've been advised many times not to deal with the situation by phone but they feel comfortable doing this.

Presumably the Claimant is keen to get a Tomlin Order signed and sealed because they may know that complying with a CCA Request for an account opened by a previous creditor in 2002 will be difficult prior to the court deadline for the Defence (if ever).

This is just my personal view having not seen any of the papers and most importantly not seen the terms of the Tomlin Order. Some state that if a payment is missed then the Defendant agrees to a CCJ being granted without return to court (etc. etc.).

Di

[Twins22]

Re: Twins22 Restons/Arrow

Can I just ask what the best thing is for me to do??

They called me to advise re:Tomlin (this was from the call where Had tomprove I would loose my job so was surprised as I didn't expect to hear a thing) yesterday which is why I asked for confirmation in writing as advised on this site.I have sent the CCA request but I just can't afford to drag this out as it's keeping me up at night plus I had to complete docs at work only the other day regarding ccj/bankrupt ect I do this every 6months so the quicker I get them off my back the better.
They mentioned the automatic CCJ if I missed a payment with the Tomlin so the fee of £100 is correct then?

- - - Updated - - -

Can I just ask what the best thing is for me to do??

They called me to advise re:Tomlin (this was from the call where Had tomprove I would loose my job so was surprised as I didn't expect to hear a thing) yesterday which is why I asked for confirmation in writing as advised on this site.I have sent the CCA request but I just can't afford to drag this out as it's keeping me up at night plus I had to complete docs at work only the other day regarding ccj/bankrupt ect I do this every 6months so the quicker I get them off my back the better.
They mentioned the automatic CCJ if I missed a payment with the Tomlin so the fee of £100 is correct then?

[charitynjw]

Re: Twins22 Restons/Arrow

You have already stated that you might lose your job if you get a CCJ.
That possibility is a long way off.
Only you can really decide what is best for you.
But if it were me, I'd rather spend my hard-earned down at the Duck & Pullet! :biggrin1:

[Twins22]

Re: Twins22 Restons/Arrow

Thinking about this last night and just to check if i file my defence (presuming I get nothing back) Will I still have to agree to a payment with Restons at the end of all this?
Plus when is the latest I need to send my defence if the court letter is the 27th October and I acknowledged on the 3rd November?