This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Congratulations. Are you going to agree to sign the Tomlin Order?

So anyway I think they may have completly missed the point i was trying to make but I'm not sure where I now stand. I was wondering if I sent them a letter something like this it would work/help; Dear Egg, Many thanks for crediting my account with £xxx.xx as full and final settlement of my claim. I still feel that you are insisting on an agreement that I feel is intimidating. I would like to clarify that I will not be signing the Tomilin Order but you may take this letter as my confirmation that I will continue to pay you £xx.xx on a monthly basis until the remained of the two balances have been cleared. I also confirm that on a monthly basis I will personally review my financial circumstances and will notify Egg of any changes. I feel that mutually we can resolves this matter amicably. With regards, Any thoughts, ideas etc??

phew I've worn my fingers down typing all that out - sorry for leaving you hanging on

While we are obviously dissappointed that you object to the terms of the tomlin order we do still hope that we will be able to settle this matter amicably. We have decided to proceed as follows; without any admission of liability and on a purely commercial and ex gratia basis, and in accordnace withyour letter, we have credited your account number xxxx with £xxx.xx in respect of the charges applied, interest thereon and the court fees in full and final settlement of the proceedings (excluding the counterclaim) in the xxxx county court under claim number xxxxx and of all claims, rights, actions and causes of actions (including claims for interest and costs) you may have against egg arising out of or in connection with any issue pleaded in the case. as you will appreciate, this still leaves tha matter of the counterclaim. as I stated in my letter of the 19th december 06 we consider that we have a strong case against you for the indebtedness on your accounts, and this does not appear to be in dispute. the paymetns you are currently making are pursuant to an agreement which may be reviewed by egg at any time; we believe that the offer made in the tomlin order that you continue making payments at the current rate is fair and we are dissappointed that you see this as a 'continued intimidatory act' further to our discussions (?) i have ammended the tomlin order and i hope that the new version will be satisfactory to you. if we are not able to settle the counterclaim prior to the hearing listed for the xx feb we reserve the rigfht to cliam our court fees and judgement interest on the sums owed. if you wish to accept this offer please sign and return to us the revised tomlin order enclosed with this letter within 14 days. once we have recieved tthe signed tomlin order we will lodge it at court to bring the proceedings to an end. if you wish you discuss the counterclaim please contact me using the details above. if you do not understand any of the matters detailed in this letter or the tomlin order i would strongly suggest that you seek professional qualified legal advice. The Tomlin Order; Upon the parties having agreed terms of settlement set forth in the schedule attached hereto by consent it is ordered that; 1 all further proceedings in this action be stayed except for the purpose of carrying such terms into effect 2 permission to apply to carry such terms into effect 3 there be no order as to costs of this apllication or in the case The Schedule 1 the defendant has credited the claimant account numbered xxxx with the defendants the sum of £xxx.xx 2 the claimant shall pay to the defendant the sum of £xx.xx by 4pm on the last day of each calendar month until the outstanding balances on the claimants accounts numbered xxxx & xxxx are paid in full, with the time for the making each of the payments in the para 2 to be of the essence 3 in the event that the claimant fails to make any of the payments referred to in para 2 by their due time and date all unpaid payments under para 2 shall become due and payable to the defendant immediately and he defendant shall be at liberty to enter judgement on notice against the claimant for the total of all unpaid payments 4 the parties aggree that the consideration set out in para 1-3 above shall be in full and final settlement of the case, and of all claims, rights, actions and causes of action (including claims for interest and costs) either party may have against the other arising out of or in connection with any issue pleded in this case. SO ANY THOUGHTS AS TO HOW I ANSWER THIS!!!

Hi, With the help of the brilliant Mcuth I sent a letter off to egg saying ; Thank you for your letter of 19th December. Firstly may I apologise for the delay this has been due to personal circumstances beyond my control. Naturally, I am sure you will appreciate that I disagree with your assertions in paragraph 1 of the above letter. That said, in the interests of bringing this matter to a close quickly, I am prepared to accept the sum of £xxx.xx in full & final settlement of the above case. However, your unilaterally imposed conditions and the Tomlin Order are not acceptable. As I'm sure you are aware, I have been regularly paying back the sum of £xx.xx each month since July 2005 through my Debt Management Plan with PayPlan. As such, I believe that your counterclaim for the entire outstanding balance is unfair, intimidatory and indeed retaliatory, given that I am simply exercising my right to redress Egg Banking PLC's deduction of unlawful charges on my account. Not only are the payments handled by my nominated 3rd party, but they are also made electronically. As such, the timing of the payments is somewhat beyond my control, which leaves me vulnerable to your side of the Tomlin Order being implemented without further notice & due process. Having the proceedings stayed as laid out in your Tomlin Order would be a continued intimidatory act, as it allows immediate judgement for yourselves without due process should there be a change in my circumstances in the future. I am sure that a district judge would see this the same way. I assure you that it is my intention to repay this debt in full, but I would remind you that should I fail to continue satisfactory repayments on this account, then the option of court action is always available to you at that time without the need for the Tomlin Order being a continuous threat. In light of the above, I propose the following: 1) The amount of £xxx.xx is credited to my account numbered xxxxx 3) I undertake to continue payments under my Debt Management Plan with PayPlan until the debt is settled 4) On confirmation of crediting of my account, I will write to Medway County Court and withdraw the proceedings under case 6QZ30952. At this time I will write to you with a copy of my letter to court. 5) On receipt of my letter to the court, you will also write to them and withdraw your counterclaim. I trust this is satisfactory, and look forward to receiving your agreement to my proposal. Yours sincerely I've recieved a letter back to day saying;

Is a verbal agreement the same as a signed document?? I only ask because yesterday I called to see if they would settle before I send my court bundle in. In principal I agreed to what was being offered if I could see there workings out as it didn't quite tally. I received an email from them for me to sign to say I agree to what was being offered however no workings out. So not being silly I've not signed anything and have very carefully gone thorough my speadsheets and it's about £100.00 out and not in my favour. I just rang to say please can i have your workings out etc and was told things were already in motion to send me the money. When I told her I hadn't signed to say I'd agree to anything she told me that I had verbally!! The workings out are aparently not email-able so have been posted guess I just have to wait and see. Any thoughts - do i have to stick to my verbal agreement??

Unfortunatly I still have a bit to pay off once this has been settled. I've been quite unwell recently and at the moment my employers are being understanding but things change and this is why I have felt even more uneasy about the whole thing. Thank you all for your support

Have just edited my thread form earlier today to include the letter - makes for very interesting reading. Just need to try and figure out how to write back without seeming like an unreasonable person - hmmm

Thanks for your post in my thread. Re-reading your thread has certainly given me more confidence to stand my ground. Im drafting a reply to them now. Have you replied to the letter/consent form or are you going to ignorre them? Good luck getting the court bundle together. love EEK!!!

Thank you for a quick reply. That's exactly how I feel however if this ended up going to court I don't want to be the one that seems to be unreasonable. I need be sure of my response.

The letter - 1. We view our terms and conditions as fair and in particular the charges levied pursuant to section 7.1 of your credit agreement (the ‘Agreement’) with Egg Banking plc (‘Egg’) to be a genuine pre-estimate of loss rather than a penalty. We also consider we have a strong counterclaim against you for the indebtedness on your accounts numbered xxxx and xxxx (together ‘your account’). 2. Notwithstanding our view, in the particular circumstances of your case we put forward the following settlement proposal: (a) Without and admission of liability and on a purely commercial and ex gratia basis we will within 14 days of your return of the signed Tomlin Order enclosed with this letter (see paragraph (g) below) credit your account with £xxx.xx. As you will appreciate this is the full amount of your claim against us broken down as follows: (I) £xxx for charges (ii) £xx.xx for interest on as pleaded in the Claim Form (iii) £xx.xx for interest from the issue date until xx xxx xx (xxx days); and (iv) £xx for your legal costs. (b) In relation to the outstanding balance on your account you shall continue to pay to us the sum of £xx.xx by 4pm on the last day of each calendar month until the outstanding balance on your account is settled in full, with the time for the making each of the payments to be of the essence. Provided that these payments are made we are willing to waive to £120 that we incurred in filing the counterclaim. © We discussed that you wished to review the payments you make to Egg on a six-monthly basis. You will at all times be at liberty to make payments in excess of those detailed in paragraph (b) above but any such payments will be over and above the obligations contained in paragraph (b) above excess payments made in any month will not be carried over and will not reduce your liability to make payments in future months. (d) In the event that you fail to make any of the payments referred to in paragraph (b) by their due time and date all unpaid payments under paragraph (b) shall become due and payable to us immediately and will be entitled to enter judgement against you for the full amount of all unpaid payments. (e) You and Egg agree that the provisions above are in full and final settlement of the proceedings in Medway County Court under claim xxxxxxxx and of all claims, rights, actions, and causes of action (including claims for interest and costs) either party may have against the other arising out of or in connection with any issue pleaded in this case. (f) The terms of this settlement shall remain confidential between the parties and their professional legal advisors save that the same may be disclosed; (I) to the extent necessary for the purpose of enforcement of the settlement; and (ii) to any court, government or other authority to the extent necessary for compliance with a lawful obligation by the party disclosing it and to the extent necessary to any professional advisor to that party in connection with the giving or receiving of advice in relation to such disclosure. (g) You will sign and return to us within 7 days from this date of this letter the Tomlin Order enclosed with this letter providing for a stay of the proceedings on the terms above and on the basis of each party bearing their own costs. Once we have received the signed Tomlin Order we will lodge it at Court to bring the proceedings to and end. 3. The above date will remain open for acceptance for 7 days from the date of this letter after which it will be automatically withdrawn. If you have any queries on the contents of this letter, please contact me at the address above. Yours sincerely John Murphy Egg Banking plc Legal Department The tomlin Order- Upon the parties having agreed terms of settlement set forth in the schedule attahced hereto BY CONSENT IT IS ORDERED THAT: 1 All further proceedings in this action be stayed except for the purpose of carrying such terms into effect. 2 Permission to apply such terms into effect. 3 There be no order as to costs of this application or in the case. The Schedule - 1 The defendant shall within 14 days from the date of the order credit to the claimants account numbered xxxx with the defendant the sum of £xxx.xx. 2 The claimant shall pay to the defendnat the sum of £xx.xx (my monthly payment through payplan) by 4pm on the last day of each calender month untill the outstanding balances of the claimants accountsnnumbered xxxx & xxxx are paid in full, with the time for the making of each of the payments in this paragraph 2 to be of the essence. 3 In the event that the claimant fails to make any of the payments referred to in paragrapgh 2 by their due time and date all unpaid payments under paragraph 2 shall become due to the defendant immediately and the defendant shall be at liberty to enter judgement against the claimant for the total of all unpaid payments without further notice to the claimant. 4 The parties agree that the consideration set out in paragraphs 1-3 above shall be in full and final settlement of the case, and of all claims, rights,actions and causes of actions (including claims for interest and costs) either party may have against the other arising out of or in connection with any issue pleaded in this case. 5 The terms of this agreement shall remian confidential between parties and their professional legal advisors save that the same may be disclosed: a) To the ectent necessary for the purpose of enforcement; and b) To any court, goverment, or other autority to the extent necessary for compliance with a lawful oligation by the party disclosing it, and to the exent necessary to any professional advisor to that party in connection with the giving or receiving of advice in relation to such disclosure. So there it is people I also received a three page letter but I think the necessary information is above. Any thoughts?