1st Credit/moon beever Claimform - AA HBOS***Settled Tomlin Order***

[Guest]

Hi Ford,

(taken from post 140)

On the back of the application form, there are terms and conditions numbered 1 to 1.6 and referencing a term and condition 8.2. this term (8.2) is referred to but not on the back of the application form.

hth

Gill

 

are the terms on the back, the prescribed terms?

[gill5blue]

1.1 we will decide credit limit etc

1.2 we will charge interest as follows etc

1.3 we will apply the interest rates etc

1.4 we will send you a monthly statement etc

1.5 If you make a transaction in foreign currency etc

1.6 You must also pay the following charges etc... we may change these and introduce new charges at any time by giving you notice under condition 8.2

 

 

I have to type this info out as I cannot upload

 

 

Gill

[dx100uk]

I thought it had been scanned here already?

have you taken it off?

 

 

if you want email it to me and i'll sort it?

 

 

let me know and i'll send an email AD by PM

dx

[gill5blue]

Hi dx,

Yes please, pm me your email address

Gill

[gill5blue]

hi dx,

I don't think I can receive messages

It says I have 0 out of 0 left- I don't have any messages in there

Gill

[dx100uk]

sri strong winds here that killed the internet.

 

 

on its way now

[dx100uk]

here is the CCA return

 

 

is this all of it gils no extra T&C sheets?

[AndyOrch]

Hi gill

 

Having reviewed your thread...the circumstances the debt your defence the claimants response (which is very poor ans unsubstantiated) the courts decision to allow summary judgment will hing on the agreement and whether they feel the claimant has complied.The court will also take into account any overriding evidence and the balance of probabilities.

 

You need to concentrate on the validity of the application/agreement and compliance of the claimant to the section 78 request.So swot up on the CCA1974 section 78 (6) and section 127 (1) so you know your stuff.

 

http://www.legislation.gov.uk/ukpga/1974/39/section/78

 

http://www.legislation.gov.uk/ukpga/1974/39/section/127

 

 

It really could go either way subject to the caliber of the District Judge presiding.

 

Best of luck

 

Regards

 

Andy

[gill5blue]

Thankyou Andy

That was what I was thinking 50/50

Then, rather then risk more court costs prob settle before we go in.

I have 2 more chances, letter of discontinuance to arrive Monday, and them not turning up at court.

 

Hi dx

I have 25 sheets aprox of what they call executed terms and conditions supplied later, but each time I ask them I get different versions

Gill

[AndyOrch]

Thankyou Andy

That was what I was thinking 50/50

Then, rather then risk more court costs prob settle before we go in.

I have 2 more chances, letter of discontinuance to arrive Monday, and them not turning up at court.

 

Hi dx

I have 25 sheets aprox of what they call executed terms and conditions supplied later, but each time I ask them I get different versions

Gill

 

That may be prudent...as you are in Fast Track...perhaps suggest a Tomlin Order by consent...but wait until you know Counsel are in attendance.

[gill5blue]

Hi, postman has been and no letter of discontinuance . Off to court we go then

Gill

[gill5blue]

Tomlinson order agreed ( only 2/3 of debt to be paid) and taking the judges comments in to account, I consider we got a good deal.

Gill

[Guest]

Tomlinson order agreed ( only 2/3 of debt to be paid) and taking the judges comments in to account, I consider we got a good deal.

Gill

 

sounds good then gill. by instalments, no costs?

what did the J say?

[gill5blue]

Hi,

Yes, by instalments, no costs. J mentioned Tomlin Order and validity of agreement in same sentence.

I really think the Tomlin Order was our best option, it could have been a lot more expensive.

Well I'm off for some peaceful sleep, but I will back on tomorrow

Gill

[AndyOrch]

Well done gill....I will amend your thread title to reflect the out come.

 

Regards

 

Andy