TMC v Halifax

[toomanycalls]

Halifax issued proceedings against me via Northampton with no docs. Claim got stayed but they have finally produced an agreement that looks like it's enforceable.

The claim is £13k. I wrote to them with a copy of my I & E showing that they would get £23.10 per month should they win in court or I would be willing to offer 20% £2600 in a full and final.

They have written back saying they cannot accept the full and final but due to my financial circumstances they are willing to allow a consent order, no ccj for the payments of £23.10 to be reviewed six monthly, (46 years to pay it off by my calculations).

What do you think, is it worth upping the full and final a little or should I just take the consent order, set up a standing order and put it out of my head?

[TUTTSI]

Re: TMC V Halifax

Can you upload the agreement on this thread and say why you feel it is unenforceable?

Halifax issued proceedings against me via Northampton with no docs. Claim got stayed but they have finally produced an agreement that looks like it's enforceable.

The claim is £13k. I wrote to them with a copy of my I & E showing that they would get £23.10 per month should they win in court or I would be willing to offer 20% £2600 in a full and final.

They have written back saying they cannot accept the full and final but due to my financial circumstances they are willing to allow a consent order, no ccj for the payments of £23.10 to be reviewed six monthly, (46 years to pay it off by my calculations).

What do you think, is it worth upping the full and final a little or should I just take the consent order, set up a standing order and put it out of my head?

[toomanycalls]

Re: TMC V Halifax

they have finally produced an agreement that looks like it's enforceable.

I think you misread, I'm sure the agreement is enforceable.

[toomanycalls]

Re: TMC V Halifax

Any ideas, I want to move quickly on this and either get the consent order or a new full and final into the post tomorrow?

[toomanycalls]

Re: TMC V Halifax

Forgot to say that the amount claimed includes at least a grand of charges and overlimit fees.

[TUTTSI]

Re: TMC V Halifax

Is the Halifax a credit Card or Bank account?

Post up the agreement.

Forgot to say that the amount claimed includes at least a grand of charges and overlimit fees.

[toomanycalls]

Re: TMC V Halifax

Its a credit card, can't get to the scanner at the moment but I 've had the agreement looked at previously and I'm very confident it could be enforced.

The charges mentioned are all at £12 by the way as accumulated since the OFT suggested rate.

[TUTTSI]

Re: TMC V Halifax

The OFT price of £12 was a guidline only and is not by any means set in stone.

You have already given the courts your I&E statement, so how do you now propose increasing on your offer.

You could offset the charges which they may or may not accept.

Are you suffering hardship at this time?

Are you able to pay a larger lump sum?

Or increase on the monthly payments as they said they will want to review this in 6 months time?


quote=toomanycalls;197605]Its a credit card, can't get to the scanner at the moment but I 've had the agreement looked at previously and I'm very confident it could be enforced.

The charges mentioned are all at £12 by the way as accumulated since the OFT suggested rate.[/quote]

[basa48]

Re: TMC V Halifax

The trouble with the consent order is that the OC can go to court to get it increased any time (within reason) and apply for a CCJ and charging order as well.

A full and final would be just that (subject to getting it in writing).

[toomanycalls]

Re: TMC V Halifax

The OFT price of £12 was a guidline only and is not by any means set in stone.

You have already given the courts your I&E statement, so how do you now propose increasing on your offer.

Aware of the £12 guideline, just figured there may be some negotiation to the final figure of about £13k if I go with the consent option.

The courts were not given my I & E, only halifax when I wrote to them directly to use as a bargaining point for my full and final. I thought at £23 per month, 10 years to get back what I was offering as a full and final might swing it.

You could offset the charges which they may or may not accept.

Are you suffering hardship at this time?

Are you able to pay a larger lump sum?

Or increase on the monthly payments as they said they will want to review this in 6 months time?

Hardship is shown by the I & E which I believe is why they have offered this without the ccj as this point. I could find a bit more for the full and final. My I & E will of course improve over time as some of my other debts get dealt with which is why I assume they want the six monthly reviews (I read it as every six months but it could go up or down, they don't specify up).

The trouble with the consent order is that the OC can go to court to get it increased any time (within reason) and apply for a CCJ and charging order as well.

Surely they can only get a ccj and then charging order following missed payments? The I & E will control the payments won't it?

The only thing against their case in court is as yet they have only supplied a template of the DN but I do have the original and it seems ok.

[basa48]

Re: TMC V Halifax

Surely they can only get a ccj and then charging order following missed payments? The I & E will control the payments won't it?

Sorry yes I should have stressed that.

But I'm not sure if they can't also (after a reasonable time) apply to the court to review the I&Es and in consequence the amount of the order.

[toomanycalls]

Re: TMC V Halifax

Sorry yes I should have stressed that.

But I'm not sure if they can't also (after a reasonable time) apply to the court to review the I&Es and in consequence the amount of the order.

I'm sure they can just vary the consent order. I'd much rather go the full and final route but they didn't hint that they might accept a higher offer, maybe 20% si jsut far too low and they'd rather accept payments over 25+ years...

[Amethyst]

Re: TMC V Halifax

Sounds good to me, can you type up the consent order though pls to check.

The consent order can be reviewed 6 monthly and payments amended due to your circs, and a new order possibly at that point, if you cant agree then the case could be picked up and they could go for a charging order/ccj then, but it would be likely if you stck to this consent order they would just come away with an installment order anyway.

[Amethyst]

Re: TMC V Halifax

Oh and ref the c card charges, its by no means guaranteed now a court would deem them unfair whether £12 or £25. Been some cruddy judgments lately, one in high court (BRandon v Amex) .

They wont accept the F&F, probably under 50%, as they could get a CCJ and poss charging order for the full amount so they have nothing really to gain as they don't NEED an instant return.

[toomanycalls]

Re: TMC V Halifax

Thanks Ame

Here is (I hope the consent order and cover letter.)

edit: didn't work I'll try again

So before agreeing to the consent order do you think its worth another stab at the full and final?

I've been through my SAR and actually the charges are not as much as I thought, about £300 + interest. The SAR also shows interest paid for the life of the account as £7k and "amount of adjustments" of about £3k (whatever that is?)