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Hi all.
I have a Tomlin order agreed for settlement of an alleged Halifax credit card debt at £13,000 payable in monthly instalments.
We were progressing the case in the county court circa 2009 when the Tomlin was agreed. I can not share it here as this is a condition of the order but can state one of the clauses was that this be in full and final settlement of any claim either party had over the other in matters arrising out of the case.
I agreed settlement as such cases were going against the defendants at the time.
As well as problems with the agreement, migration and default notice there was one other hurdle the claimant would have to have overcome to claim judgement.
In 2007 Halifax issued to my current account a £90 charge. They have never explained it despite many phone calls and letters, The following month and because of the charge another charge was issued, the following month another. This was repeated over a 2 year period resulting in an alleged debt of over £2000.
All this would have disappeared if Halifax had not charged me that original £90. There is nothing on the statements for the months prior that would justify this.
It was and is my contention (and the truth) that this meant that in 2009 I got into arrears on the alleged Halifax credit card agreement and further this prevented me from paying the invalid default notice when it was issued late 2009.
I am sure there is some law regulation preventing a lendor from engineering a debt on one account to force default on another but am not a lawyer or anything.
Anyway we settled and I insisted this settlement covered the overdraft as well. The other side disagreed and insisted it did not.
To further my point I insisted paying my installments into my current account.
The other side took these out of this account every month for over 2 years.
A few months ago though they decided to close this account. They were still chasing me via debt collecters for the manufactured overdraft and I asked dificult questions. They closed it and sent me a cheque for overpayment.
I have not made a payment since as I am unsure of my actions. This is now with solicitors threatening to apply to court for judgement re non compliance of a Tomlin Order.
Thanks for reading. Any advice help stratergies welcome.
The bottom line is all I can afford to pay is the X amount I was paying via the Tomlin order. If they are correct that the overdraft is a seperate matter I have no money to deal with this so what is the point agreeing to the Tomlin order?
I do feel aggreved against Halifax. They have treated me like a cash cow. Although I should not have taken it they lent me over 80,000 when my wage never exceeded 12,000. All because they know the house they morgaged me has gone up in value and could pay the debt in full if sold. Not something I want with a wife and 2 kids to support.
I have a Tomlin order agreed for settlement of an alleged Halifax credit card debt at £13,000 payable in monthly instalments.
We were progressing the case in the county court circa 2009 when the Tomlin was agreed. I can not share it here as this is a condition of the order but can state one of the clauses was that this be in full and final settlement of any claim either party had over the other in matters arrising out of the case.
I agreed settlement as such cases were going against the defendants at the time.
As well as problems with the agreement, migration and default notice there was one other hurdle the claimant would have to have overcome to claim judgement.
In 2007 Halifax issued to my current account a £90 charge. They have never explained it despite many phone calls and letters, The following month and because of the charge another charge was issued, the following month another. This was repeated over a 2 year period resulting in an alleged debt of over £2000.
All this would have disappeared if Halifax had not charged me that original £90. There is nothing on the statements for the months prior that would justify this.
It was and is my contention (and the truth) that this meant that in 2009 I got into arrears on the alleged Halifax credit card agreement and further this prevented me from paying the invalid default notice when it was issued late 2009.
I am sure there is some law regulation preventing a lendor from engineering a debt on one account to force default on another but am not a lawyer or anything.
Anyway we settled and I insisted this settlement covered the overdraft as well. The other side disagreed and insisted it did not.
To further my point I insisted paying my installments into my current account.
The other side took these out of this account every month for over 2 years.
A few months ago though they decided to close this account. They were still chasing me via debt collecters for the manufactured overdraft and I asked dificult questions. They closed it and sent me a cheque for overpayment.
I have not made a payment since as I am unsure of my actions. This is now with solicitors threatening to apply to court for judgement re non compliance of a Tomlin Order.
Thanks for reading. Any advice help stratergies welcome.
The bottom line is all I can afford to pay is the X amount I was paying via the Tomlin order. If they are correct that the overdraft is a seperate matter I have no money to deal with this so what is the point agreeing to the Tomlin order?
I do feel aggreved against Halifax. They have treated me like a cash cow. Although I should not have taken it they lent me over 80,000 when my wage never exceeded 12,000. All because they know the house they morgaged me has gone up in value and could pay the debt in full if sold. Not something I want with a wife and 2 kids to support.
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