You can do online debt managment with the CCCS now and they give you all the info that you need including what your next move should be etc. They have been very good help to me in the past. Could not fault their help.

Very true. But you never know. If you dont ask you dont get. But if its got this far I suppose you kinda get used to the good old DCA's!

OK you are right and I do apologise. So here is the Order that worked for me. Obviously it will need editing to your own circumstances. Thanks to FG for this. Hope this will be of help to someone. WITHOUT PREJUDICE SAVE AS TO COSTS Dear Sir, With reference to your claim in Northampton County Court; Claim No: I am in receipt of your latest correspondence dated xx/xx/xxxx in which you request my proposals to settle the above matter. I make my response as follows. Having assessed the contents of the documentation you sent me, I am of the opinion that (a) the sum you are claiming includes some xxxx in charges that have been adjudged by the OFT to be unfair & unlawful & which I am entitled to reclaim with interest from the creditor. (b) that I was inappropriately sold PPI on this account. I am sure that you will be aware of recent cases where not only was the PPI (& interest) successfully claimed from the creditor but that in certain circumstances, any existing agreement has been declared completely null & void. With the above in mind, I therefore make the following proposal in the interests of settling this matter expeditiously by way of a consent order submitted by you to the court. I am willing to withdraw from defence of this case if your client is prepared to agree to the following conditions: 1. That I repay the sum of xxxx by monthly installments of xxxx per month with effect from xxxxx & thereafter on 30th of every calendar month until the agreed sum is paid in full. 2. That the parties in this action agree to be responsible for their own costs. 3. That should I default on these terms, the Claimant will be able to enter judgment forthwith for the total balance outstanding. 4. That the Claimant will not assign or pass this debt to any third party for collection. 5. That the above terms will be in settlement of all claims that either party shall have or may have against the other arising out of matters in this action. Unless I receive your agreement to this proposal within 7 days of your receipt of this letter, I will defend fully. Yours Sincerely

@Cupcake just a heads up, your PM box is full so I cant send you another PM. @bradfordlad On its way!

Afraid not as it was all done by PM, will PM it to you no problem. The only thing is I sent this as a Consent Order but im assuming its the same sort of thing as a Tomlin Order? Bare with me while I find it

You offer them a Tomlin with the terms that you want.

LOL thanks again pt, Bryan Carter would say its a Seagull. Guess im gonna sign it then. Sorry for the slight Hijack of your thread cupcake but I suppose this is another lesson from the school boy that is Bryan Carter. If you decide to try and go for a Tomlin Order or as BC thinks, a Consent Order? give me a shout and I can let you have a look at my letter that FG helped do for me. Also if you get chance pt could you please have a quick browse through my thread http://www.consumeractiongroup.co.uk/forum/showthread.php?274081-Urgent-Help-Needed-Please-Bryan-Carter-Have-issued-a-Judgement-What-Do-i-Do not to worry if you dont get chance, but would be much appreciated before I sign my Consent sorry Tomlin Order. Lol wilchy

I wish I could understand all this legalise stuff Still not clear if I have a Consent Order or a Tomlin order?

Ahh OK thanks pt. So do you know if this would affect my Consent Order or would the Court take it as a Tomlin Order? This is confusing the hell out of me now. Typicall Bryan Carter style. Even in the letter they sent with this CO the grammar is terrible.

Thanks again pt but sorry to be stupid as most of what you have quoted goes straight over my head Any chance of a translation as I dont think Google does a translator for the above quote.

Mmmm so what would happen if I were to sign this CO that BC has sent through? It clearly says in capital letters CONSENT ORDER with all my and the Claimants details above it?

Thanks pt. I dont really want to flood this thread with my problems but I am asking as im in the same boat as cupcake and have just recieved a CO from BC today. The Shedule I have is as follows: 1. The Claimant agrees to accept the sum of ???> in settlement of the total claim payable by instalments of ?????, first payment commencing xxxxxx and on the same day each month thereafter. 2. The Claimant agrees not to enter Judgement on the condition that the arrangement is maintained. 3 The Claiment be at liberty to restore proceedings if the Defendant defaults in payment arrangements. Will this be OK to avoid any further Court Proceedings and a CCJ or even a Charging Order? wilchy

So would a Consent Order with a Schedule that has i.e. The Claimant agrees not to enter Judgement on the condition that the arrangement is maintained? not be any good and could they still go for a CCJ?

Have you considered a Consent Order? Just a thought?

Little bump

Thanks for looking in for me 42man, I have asked because I cant really see much on EGG cases etc. But if you think that I can use other PPI cases then I can have a look around and open up my searches a bit more. Will post what I can find and see if it will be useful. wilchy

Thanks for that CB

Well time to dig this thread out again Been super busy recently with various things including Swine Flu!!! But all back in business now. So just a quick question for everyone. Do all my case histories etc have to be EGG related? Or everything to do with the Allocation Hearing for that matter or could I quote things from other banks on mis-sold PPI? wilchy

Thanks for helping out everyone.

OK. So does any of the above have to be in any particular format/layout e.g. Like my Defence? or do I just do it like any formal letter. Do I need to use my Defense mis sold PPI parts as to the reasons for mis-selling PPI again? Sorry for being stupid but what are statutes?

Thanks for looking in again CB, Just wanting to know how I start to get my pack together for my Allocation Hearing, not sure how I should do it. Just need a little nudge in the right direction. wilchy

Bump for avice

Thanks Bosund

Well im back. Sorry its been so long. TBH I have been busy with a few personal family probs at the mo but I have been looking around for PPI stuff. I have included some links below to stuff I have found and hink is useful. Anyone able to add and comment then please do. http://www.consumeractiongroup.co.uk/forum/showthread.php?126189 http://www.consumeractiongroup.co.uk/forum/showthread.php?123743-egg-defending-court-proceedings-quot-won-quot/page2 http://www.consumeractiongroup.co.uk/forum/showthread.php?192531-Something-to-use-where-Egg-say-they-will-only-pay-12.00 http://www.consumeractiongroup.co.uk/forum/showthread.php?273420-PPI-win-in-Court http://www.fsa.gov.uk/pages/Library/Communication/PR/2008/149.shtml There seems to be alot more on Bank charges than PPI court stuff but still got till the 27th Jan. Oh I also have a good PDF file too. See attatchment Thanks wilchy egg.pdf

Hi Caggers, just wondering if anyone on here could please help and who has good knowledge on Draft order for directions etc as I have an allocation hearing on the 27th Jan 2011, This is regarding my EGG CC account and not being able to keep up my monthly payments but I am paying £1 token payment per month as advised from the CCCS. I am basing my Defence on the mis-selling of my PPI which is currently with the FOS and in my mind this should not be going to court as the ammount owed is in dispute. Please check out my thread in the Legal Issues thread where I have been getting some great help previously on this case. http://www.consumeractiongroup.co.uk/forum/showthread.php?274081-Urgent-Help-Needed-Please-Bryan-Carter-Have-issued-a-Judgement-What-Do-i-Do Any help would be great. obviously if you want to know more details please give me a shout wilchy