Hi.... Claim Form receieved and acknowledged.. help required please

[echat11]

Thank you for your help

Email both MCOL and Court.

https://www.find-court-tribunal.service.gov.uk/courts/

[Little11]

Email both MCOL and Court.

https://www.find-court-tribunal.service.gov.uk/courts/

Cool thanks.....


Received a letter today from HC together with a drafted Tomlin Order asking me to sign. I have copied below....(my comments are in red)

1. This schedule records the terms agreed between the parties in full and final settlement of the claim under claim number H7******
2. The defendant do pay the claimant the sum of £2104.33 (the settlement sum) in full and final satisfaction of all causes herein. this includes the Tomlin Order court fee which I believe shouldn't be applied due to request direction to small claims court.Claimant liable for own costs.
3. The defendant do pay the said sum of £2104.33 to the claimant by way of installments of £20 per month (the payments) to commence one month from the date this order is sealed by the court and subsequent payments to be made on the same date of each month thereafter. Bank account details required, for if they change bank and don't notify me then I'll end up defaulting.
4. The claimant reserves the right to review the payment terms from time to time should there be a change to the defendants financial circumstances.Only if I tell them hahah ...no seriously This needs to be more specific right???? 12 month, 24 month period. Also I don't like that they are to specify what I can or can't afford.
5, In the event of default by the defendant in making any of the said payments by the agreed dates, the whole outstanding debt shall become immediately due and the claimant shall be at liberty to enter judgement for the balance outstanding at the date of default. Payments to be made by the next working day would of been better..... what if it falls on a weekend or bank holiday????
6.Upon payment of the above mentioned sums and costs the defendant be discharged from any further liability in respect of the claimants claim herein. There shouldn't be any cost's should there????

Upon the parties having agreed terms of settlement
BY CONSENT IT IS ORDERED THAT:-
1. Having agreed to the terms set out in the schedule hereto, all further proceedings in this claim be stayed except for the purposes of carrying the said terms into effect.
2. The claimant be at liberty to apply for judgement to enforce the terms of this order.
3. There be no order as to costs.

To be signed and returned by the 16th Feb 2022


HC state in the covering letter that they have supplied the requested documents on many occasions and even email the requested documents to me.... Errrrrr no they haven't... I have the documents mention in previous posts .... still missing default notice and copy of agreement (however they did send terms and conditions purporting to be the credit agreement.This may be enough to satisfy the courts IDK.


Any comments would be helpful, I feel I may have to except this but it would need amending, It seems set up to fail from the off

Many thanks

[echat11]

How old is the account?

It's better to set up a Standing Order then a Direct Debit. Write out your own Tomlin Order incorporating your own terms for a reasonable settlement. Post them up.

[Little11]

I believe the account opened 2011, last contact sept 2016 (before this issue) not SB

Okay, so I have put this together........Fair??? I would like to email them and ask why they think they have fully complied with the CPR request when they haven't but I feel this may be a waste of time........However, it seems a little unusual I feel, that they would draft a Tomlin Order out of the blue when they could easily take it to a hearing and get it done that way. Although they did request mediation..... is this a ploy to confuse me or are they worried this claim will get thrown out????? any comments would help. Thank you



TOMLIN ORDER



1. This schedule records the terms agreed between the parties in full and final settlement of the claim under claim number H7******


2. The defendant do pay the claimant the sum of £1801.33 (the settlement sum) in full and final satisfaction of all causes herein.


3. The defendant do pay the said sum of £1801.33 to the claimant by way of installments of £20 per calendar month (the payments) to commence one month from the date this order is sealed by the court and subsequent payments to be made on the same date of each month thereafter. Payments to be made to Ac.________ . Any change of banking services will be notified to the defendant in writing within a reasonable time as to not affect this order.Should payment dates fall on a weekend or bank holiday, then said payments to be received by the following working day.


4. The Claimant to request a financial statement of circumstances at a 12 monthly interval starting from 12 months from date of this sealed order. Any increase or decrease in affordable monthly payments will be at the discretion of the defendant or an independent third party.


5, In the event of default by the defendant in making any of the said payments by the agreed dates, the claimant will notify the defendant in writing of said breach and allow the defendant 14 days to rectify any such breach. If the defendant fails to rectify breach within the allowed time in this order, the whole outstanding debt shall become immediately due and the claimant shall be at liberty to enter judgement for the balance outstanding at the date of default.


6. Upon payment of the above mentioned sums the defendant be discharged from any further liability in respect of the claimants claim herein.


7. The claimant shall except, from the defendant, any additional payments in which the defendant can afford without any penalty, cost’s or charges.

Upon the parties having agreed terms of settlement


BY CONSENT IT IS ORDERED THAT:-

1. Having agreed to the terms set out in the schedule hereto, all further proceedings in this claim be stayed except for the purposes of carrying the said terms into effect.


2. The claimant be at liberty to apply for judgement to enforce the terms of this order.


3. There be no order as to costs.

[echat11]

It is odd behavour, but we can only speculate as to why. They lodge a court claim, you repeatedly ask for documents, they send 'something' (which might not stack up), then out of the blue you get sent 'settlement terms'.

I'd get them to remove all charges plus interest they added to the debt, see what they say.

If no payments has been made or communications then the debt would be statute barred in Sept 2022.