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blondiegirl

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  1. blondiegirl
    Whilst considering all options, a draft Tomlin order has been sent. All points except 1 in their draft order seem fine, detailing the exact amount and for so long, as to how the settlement will be paid. But point 3 seems a bit odd: "3. After the expiry of the initial 12 months period, ie March 2021, the Claimant shall issue and I&E form to the Defendant and the Defendant agrees to fully and accurately complete the said form and return it to the Claimant. The Claimant and the Defendant will review and, if required, will agree a revised monthly instalment in line with the Defendant's affordability". If an I&E were to be completed and the affordable figure were to change, this would negate the whole agreement surely? It's agreed at £x over x months. Surely this can't changed and so point 3 should be removed??
  2. blondiegirl
    OK. Shame. Thanks.
  3. blondiegirl
    I'll certainly be putting that in. Makes their case much weaker. @Andyorch do you have any thoughts please?
  4. blondiegirl
    OK. Need some advice here please: Going by their paperwork, point 16 of their WS refers to the agreement being terminated on 22nd November. However their DF Notice dated 7th November gave until 24th November. They also issued a letter, dated 22nd November, to the effect that the account was terminated. So they have effectively terminated the agreement without allowing the time they've given for remedy to expire.
  5. blondiegirl
    So a bit of an update, I contacted Idem to discuss a proposed figure and they've accepted my Tomlin offer over the phone. However, they said that in order to agree this, I have to make a payment (ie, the first instalment) and also set up a direct debit going forward. Is this normal? They know I have to still submit a WS. I haven't made any payment as I'm still weighing it up. The lady I spoke to said that she'd get this in writing (didn't say what exactly, but I assume 'legal' paperwork??)
  6. blondiegirl
    So we're weighing up all options. I know I have a good case. Their arguments, and a lot of the documentation, are pretty weak in parts (especially the lack of a properly executed credit agreement). But, if I go down the Tomlin route, what do I need from them, or them from me, to get this set up? I would like all the facts as I wouldn't trust anything they say Thanks again,
  7. blondiegirl
    I should have this finished by tomorrow and will send across. I think their WS is very padded out with pages of old statements (which isn't proof of any agreement), and they can say that a credit agreement has been provided as many times as they like - they certainly haven't provided it! Not to mention the default notice issue. All works in my favour.
  8. blondiegirl
    Thanks DX. Am starting to write it now.
  9. blondiegirl
    Idem has sent its witness statement. I haven't scanned all the appendices though (nothing new on them). Comments and/or advice welcome please. Thanks IWS.pdf
  10. blondiegirl
    I've checked the MCOL website and there's no payment showing by Idem. I assume they've paid as per their letter, and the website is just slow to get updated. Anyway, drafting up a WS now.
  11. blondiegirl
    Last week, I called Idem to say that my husband was unable to call them due to working away and no signal. They said they'd expect him to call next week. In the mean time this letter has arrived. Is this standard stuff? Thank you as always letter from Idem 220220.pdf
  12. blondiegirl
    It was great advice, and I'm grateful for it. Thank you Shamrocker. I just wondered how the phone calls go? I've only spoken to Idem once before (aside from today) and they weren't very helpful and refused to accept our offer. Obviously I want the best outcome possible for us, so I want to be as prepared as possible.
  13. blondiegirl
    Thank you. So they'll pay the fee anyway and can get a refund if the Tomlin order goes ahead? Is there anything I can do to prepare for this phone call? What are they likely to ask? The last time we discussed anything with them, they refused to accept reduced payments and weren't overly helpful.
  14. blondiegirl
    OK, they said that couldn't discuss it with me, but......after some persuasion I said I didn't want them to give me any information about my OH's account I just wanted to pass a message on to avoid unnecessary action and fees. They've agreed to hold all proceedings for a week until close of play next Monday. But, doesn't that mean that they'll have missed the deadline to pay the court fees??
  15. blondiegirl
    I will call them now.

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