Varde/Brachers claimform - MBNA card

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?274619-Cabot-Halifax-Credit-Card-Cabot-now-started-Court-Action-Help-Please-***SETTLED***/page45

 

Ok, there should be a draft of a Tomlin Order request in the thread above.

 

I dont have time to search for the post at the moment. I have scrolled back to post 441 so if you want to start looking from there, backwards, then it shouldnt be too far .

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?274619-Cabot-Halifax-Credit-Card-Cabot-now-started-Court-Action-Help-Please-***SETTLED***&p=3465133&viewfull=1#post3465133

 

Post number 403..

[Smoothound]

Thanks CitizenB.

 

That particular post is a bit more than I was intending to say. I was hoping to just make an offer of an amount and a payment per month until the amount is cleared. I don't really want to get into reams and reams of expenses and income. I'm sure elsewhere I've seen "offer" letters that include just that without prejudice etc. etc. I realise the guy in the letter is pleading health problems an such but would I need a reason for my letter or just the fact that i want the action to stop?

[Smoothound]

I don't think many Caggers are legally qualified although I have no idea if Andy etc are.

 

Most are just normal people trying to help based on their own experience.

 

Yeah I realise this and understand this is one of the reasons they like us to do the "leg work" and be confident in our own defence strategy but if you are rubbish at research and sifting through countless arguments and counter arguments it's a lost cause. I wonder how many other threads on here end up as mine has? We can see all the successes but how many just roll over and fall by the wayside because they don't have the brain power or simply the logic to make a case let alone stand up in court and defend it? I've found the constant advice and counter advice, reading, trying to understand more stressful than the money I supposedly owe in the first place!

 

I've come to feel that even if they get a CCJ against me I will be no worse off, I have next to no money, my credit history is trashed now anyway so what else is there to lose?

[citizenB]

Thanks CitizenB.

 

That particular post is a bit more than I was intending to say. I was hoping to just make an offer of an amount and a payment per month until the amount is cleared. I don't really want to get into reams and reams of expenses and income. I'm sure elsewhere I've seen "offer" letters that include just that without prejudice etc. etc. I realise the guy in the letter is pleading health problems an such but would I need a reason for my letter or just the fact that i want the action to stop?

 

It is an example only, SH.. you can put as much or a little information in as you wish. However, they might want to see a budget sheet. So it might be in your interest to prepare one JIC.

[Smoothound]

Ok cool. I thought there might be a specific way to word/phrase it. Just want to make sure they won't wriggle out of it or sell it on and try and make my life hell anymore!

[Smoothound]

It is an example only, SH.. you can put as much or a little information in as you wish. However, they might want to see a budget sheet. So it might be in your interest to prepare one JIC.

 

Ok no worries I'll bodge something together over the weekend and fax, email and post to the solicitors. Should it be sent to the court and claimant as well?

 

I did PM andyorch but no comment as yet.

[citizenB]

Ok no worries I'll bodge something together over the weekend and fax, email and post to the solicitors. Should it be sent to the court and claimant as well?

 

I did PM andyorch but no comment as yet.

 

I think it just needs to go to the solicitors at this stage, SH. You can include a specific section asking that they confirm that it will not be passed on to anyone else I imagine.

[Smoothound]

I think it just needs to go to the solicitors at this stage, SH. You can include a specific section asking that they confirm that it will not be passed on to anyone else I imagine.

 

I will do that then. Just want to be sure as the defence date is only a week away and I don't want them to get a default judgement if I can help it...

[Smoothound]

Is this along the right lines? Any wording changes or additions?

 

 

Dear Sir/Madam,

 

Re: Varde Investments (Ireland) Limited v Mr ******** Case No: 1JU*******

 

I would like to make a without prejudice save as to cost out of court offer in full and final settlement with regard to the above case. My offer comes while I have limited disposable income and would prefer to avoid any further court action, costs and litigation.

 

I would like to offer a figure of £**** paid via monthly instalments of £** until cleared. I would also respectfully request 14 days to remedy any missed payments.

 

 

Your Faithfully

[Smoothound]

Any comments as I would like to at least fax or email a copy tonight!

 

Also what should I do about my defence date? Just rely on them accepting my offer or at least being prepared to discuss and halt the claim?

[Old Cogger]

I would be very surprised if they went for that, as a full & final is not forthwith, only installments offer, which they could get if a ccj was in place (for the FULL amount), and if you did not want a ccj against you, could ask for a Tomlin Order, but as you seem not to want to fight them, so you really need to think this out?? others I am sure will comment as well,.

[Smoothound]

I would be very surprised if they went for that, as a full & final is not forthwith, only installments offer, which they could get if a ccj was in place (for the FULL amount), and if you did not want a ccj against you, could ask for a Tomlin Order, but as you seem not to want to fight them, so you really need to think this out?? others I am sure will comment as well,.

 

I've no idea if they would or wouldn't. No one seems to know really due to the lack of comments in the last few days but no one has actually said that till now! So I may as well do nothing let them get a CCJ by default then they can have a £1 a month for the rest of my life then? I have no desire to go to court and try and defend something i really do not understand even if I am in the right though it grieves me much to say that From what I've read above this is pretty much along the lines of a Tomlin I thought. If I include an I and E breakdown it would probably show me unable to pay anything at all!

 

My defence deadline is 27/2/2012 so i need to do something now obviously as this has dragged on far too long and is making me ill

Edited February 20, 2012 by Smoothound

[Old Cogger]

Tomlin Order is an agreeement to a fixed amount which is agreed and then no CCJ is recorded as I understand it, google Tomlin Order as see the true implications of it, best if you are going that way, try avoid CCJ if necessary, but any other way would be go to court and fight these para sites which you seem not to want to do, so if that is the case that is why peeps cannot advise if that route is not to be taken. Contact their solicitors and suggest Tomlin Order, if they do not agree then a Judge would see that you have attempted to a course of action and they have been attrusive.

[Smoothound]

It's not that I don't want to fight more a case of too much info and lack of comprehension really. I'm pretty sure with a half decent defence filed they will back off!

[Old Cogger]

Why not put a defence to=gether and post up on here minus personal details and I am sure a peep will look at it and advise any alterations etc

[Smoothound]

Why not put a defence to=gether and post up on here minus personal details and I am sure a peep will look at it and advise any alterations etc

 

That is the whole point really! I don't really understand what is true and what is not now. I'm not academic I'm a hands person. So much conflicting views and opinions I don't know where to start. All the reading and legal stuff has made my head swim.

[car2403]

It's not that I don't want to fight more a case of too much info and lack of comprehension really. I'm pretty sure with a half decent defence filed they will back off!

 

I don't think a defence will scare them off, you need to be able to present that defence if it goes to a hearing.As you've stated you're not confident in doing so, my opinion is that you shouldn't even try, as you'll surely lose when met with opposition that is legally trained and a Judge who doesn't know the legal arguments inside, out.If you really feel this way, the way to deal with this now is to contact their solicitors and discuss repayment options. All of this needs to be documented, by them, in a consent order, when you reach an agreement, so recording that conversation isn't really necessary at this stage. Of course if they don't agree to your terms, the negotiation needs to be begin. Just be clear that your discussion is without prejudice to the claim, which you may defend if you don't reach an agreement on repayment terms in settlement of it.A Tomlin order probably wouldn't work, here, as the OP is a litigant in person and CPR prevents a LIP from agreeing to a Tomlin order, but will allow the claimant's solicitors to submit a consent order (same thing, in practice) to the Court when both sides agree on terms.

[Smoothound]

Thank you car.

 

So would my letter above be ok as an opening of discussion or should I reword it in some way? Just want an end to this now if I can avoid a CCJ it would be better but looking at my credit history now it will make little difference I doubt.

[Smoothound]

I don't think a defence will scare them off, you need to be able to present that defence if it goes to a hearing.As you've stated you're not confident in doing so, my opinion is that you shouldn't even try, as you'll surely lose when met with opposition that is legally trained and a Judge who doesn't know the legal arguments inside, out.If you really feel this way, the way to deal with this now is to contact their solicitors and discuss repayment options. All of this needs to be documented, by them, in a consent order, when you reach an agreement, so recording that conversation isn't really necessary at this stage. Of course if they don't agree to your terms, the negotiation needs to be begin. Just be clear that your discussion is without prejudice to the claim, which you may defend if you don't reach an agreement on repayment terms in settlement of it.A Tomlin order probably wouldn't work, here, as the OP is a litigant in person and CPR prevents a LIP from agreeing to a Tomlin order, but will allow the claimant's solicitors to submit a consent order (same thing, in practice) to the Court when both sides agree on terms.

 

So from what MIKE770 has said above should I just approach them with no offer and see what they suggest? Obviously this will be the full amount with a totally unaffordable monthly payment I imagine Or should I actually make some sort of offer?

[car2403]

You won;t know if you don;t ask

[citizenB]

You could say something along the lines of ..

 

You are mindful of mounting costs and in the interests of saving court time, would they be interested in negotiating a repayment plan. As a starting point you could make an offer that allows you room to manouvre.

 

I think in respect of the time, you are going to have to telephone them and ask them if they will accept communication by email/fax.

[Smoothound]

Thanks citizenB. I emailed something along those lines last night so I await a response...

[Smoothound]

I didn't make any sort of offer as I thought they would probably not be interested as it is so close to the end! Maybe I should have?

[citizenB]

Have you given them a time to respond by? I still say that it wont harm to telephone and ask to speak to the file handler on your case.