Cabot claimform - old Citi Card 'debt' **SETTLED BY TOMLIN**

[gettingsorted]

Good Morning Brig

I know its best to write but what's worrying me is the time constraints; if nothing has happened within the week I need to contact the court to either extend the stay or let them know that they don't seem to want to negotiate.

GS

[BRIGADIER2JCS]

hello GS, I would use the Royal Mail Guaranteed next day

service it's secure, you can't leave anything to chance

with this.

Brig.

[gettingsorted]

Hello - draft letter below ............do I need mention a date to reply by and a court order for the settlement ??? not sure what I should be asking for is a Tomlin order to do when there are mediators ? Does without prejudice mean that by making the offer I am not admitting the claim ?

 

Any comments or alterations would be much appreciated as I have no idea about this despite having spent the last 3 hours and most of yesterday looking through all the various threads

GS

 

WITHOUT PREJUDICE

 

Morgan Solicitors

 

Dear Sir/Madam

 

Claim Number

Your Account/Reference Number –

 

Further to the above and stay until the ordered by the Caernarfon County Court (copy attached) in order to attempt settlement .

 

Unfortunately I am unable to offer the full amount you are claiming due to financial circumstances. However, I have been able to raise a sum of £XXXX (20% ish) and I would like to offer this amount as a payment in full and final settlement of the above account. This offer is made on the clear understanding, that if accepted, neither you or any associated company, will take any further action to pursue or enforce this debt in anyway whatsoever and that I will be released from any liability.

 

I also request that, if accepted, you will make an entry onto a credit reference agency file relating to the above account as having being paid and the account closed.

 

I am able to make this payment immediately in full of receiving your written agreement of this offer and method of which to make payment.

 

I look forward to receiving your reply by return of post bearing in mind the time constraints placed upon us by the Court.

 

Yours faithfully

[gettingsorted]

Help please ?

GS

[molly13]

subbing

[BRIGADIER2JCS]

Hi GS, Leave out the without pred bit.

The rest is fine,as to the court bit you

could state that if the case is to progress

you would seek Mediation with the aim

of obtaining a Tomlin Order.

So get it posted:madgrin:

 

Brig.

[gettingsorted]

Three years ago I agreed to a Tomlin Order with Cabot for an old Citi Cards debt.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?308322-desperately-need-hep-.....Citi-Card-and-Cabot-Court-papers-now-arrived/page17

 

Did all my reading etc prior to signing and received help from various peeps on here;

 

 

decided it was the right option for me.

 

 

Order was for £3900 - lump sum of £1500 and then £25 per month

- The balance on the account is now £1500.

 

Every so often Cabot chase me for a budget planner or early settlement and I run them the usual line of

- go away I have a Tomlin Order so nothing changes.

 

 

They rang a couple of weeks ago and when I gave them the usual line

- they said not necessarily and said that if they believe I can pay more they can go back to court an issue a CCJ;

I was under the impression that they couldn't do that with a Tomlin unless I stopped making the payments

- I am absolutely up to date with them.

 

Please can someone tell me where I stand here before I ring Cabot (oh by the way I just tried their number and it hangs up

- they only have an 0845 number in the letter )

 

I want to be able to have my facts right before I do.

 

Thanks in advance

GS

Edited October 27, 2014 by Andyorch
Link added for history

[AndyOrch]

Depends how the schedule is drafted gettingsorted ...is there recourse for review?

 

Regards

 

Andy

[gettingsorted]

Hi - sorry for being an age getting back to you. I don't think it includes recourse for review. It says

 

The Claimant and the Defendant having agreed to the terms set out in the

 

schedule hereto, IT IS ORDERED THAT AND BY CONSENT all further

 

proceedings in this claim be stayed except for the purpose of carrying such

 

terms into effect. Liberty to apply as to carrying such terms into effect.

 

 

SCHEDULE

 

 

1. The Defendant do pay to the Claimant the sum of £3,900.00 in full and

 

final settlement of the Claimant's claim

 

 

2. The sum detailed in Paragraph I above be payable by way of:

 

a) one payment of £1500 to be received by the Claimant on or

 

before reach the 31 October 2011; and then,

 

b) 96 consecutive monthly instalments of £25.00, the first of which

 

shall be received by the Claimant on or before the 3O November

 

2011 and each subsequent payment shall be received by the

 

Claimant on or before the last day of each consecutive month

 

thereafter.

 

3. The Defendant be at liberty to pay sums in excess of those listed in

 

Paragraph 2 in diminution of the sum detailed in Paragraph 1 is she so

 

wishes.

 

 

4. If the Defendant does default in the payments detailed in Paragraph 2

 

above, the Claimant he at liberty to enter Judgment for the sum then

 

outstanding.

 

 

5. Upon payment of the said sum, the Defendant be discharged from

 

further liability in respect of all claims made by the Claimant in these

 

proceedings.

 

 

As far as I can understand - this means I can pay more but they can't make me pay more.

 

 

Please can I have your opinions.

 

 

Thanks

GS

[oleg]

They cannot demand you pay more. You could ignore their letter or simply write saying you intend simply to comply with the terms of the TO.

 

Whatever you do, don't pay any instalment one day late or one penny short or you'll give these vultures an excuse to pounce.

[AndyOrch]

Hi GS

 

There is clearly no recourse within the Tomlin Order to review any payments...therefore as long as you continue to honour the agreement, they have little recourse.

They cant apply for a variation order on a Tomlin Order.....

 

Just file their letters and ignore.

 

Andy

[oleg]

Don't feel, just because a rotten company like Cabot writes to you, that you must write back. If you hope to deflect attention away from yourself, it has the opposite effect: your profile is marked "tetchy / gullible / flinches when poked". Not that they can do anything now as long as you keep up payments.

 

If, despite all this, you do write to them, far far better to do so in your own words than a style identifiable as coming from a known website. That too gets noted on your profile.

Edited October 31, 2014 by ims21