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Claim Form DLC/Hillies old-MBNA credit card *** Settled by Tomlin Order***


Alloyz1
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T&Cs dont have to be compliant with the CCA1974...its the agreement that must be compliant.

We could do with some help from you.

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Apologies Andy, the Agreement does not comply with CCA1974.

 

The agreement refers to various clauses that are not in the T&C's

 

A

 

:thumb:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Email reply:-

 

They would consider settling via a TO if this can be agreed today!!!!!! Settlement at my last proposal, each party to cover own costs.......

 

Holy Sh*t..... (apologies for that).......

 

aarrgghh

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Claimant has requested I send a letter to vacate my application hearing next week.

 

They will forward a proposed TO for me to consider.

 

Upon agreement of the TO they will forward to the CC to stay the original claim in respect of the settlement....

 

Does all this sound about right? Do I need to watch anything... I do not want to do anything wrong at this stage.....

 

Thanks

 

A

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i think that would be ok. check with court they have received confirmation of claimants settlement agreement/stay request before vacating.

double check with andy etc.

Edited by Ford
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Hi Ford

Hope your well?

I've pm,d Andy and the claimant seems to want to negotiate again, even agreeing to discuss to COB tomorrow!

Received TO tonight which I have edited to omit the six monthly review.

Just want Andy to look in then hopefully agree tomorrow ;)

 

A

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Most TO,s usually carry a 12 mth review that is the norm unless its your luck day and they have failed to include any.Assuming you can agree this point the above is standard course to stay and vacate the hearing.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Most TO,s usually carry a 12 mth review that is the norm unless its your luck day and they have failed to include any.Assuming you can agree this point the above is standard course to stay and vacate the hearing.

 

Thanks Andy

 

I'll let you know tomorrow but they seem v keen to settle now!

 

I'm all for that!

 

A

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I have unapproved that post of the Tomlin Order schedule Alloyz...yes it is fine but you should not disclose this to a third party.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Well done Alloyz..... proceeding on the intended arguments could have proved disastrous for you....costs.Let me know when the TO is sealed and recieved and I will amend your thread title to reflect the result.

 

Delighted this has been resolved to your satisfaction.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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You are an absolute star Andy and all the others who have contributed, advised, warned, argued and guided.

 

I am not sure there are thanks enough to explain just how delighted I am.

 

Surprised how much I have learned and what a mine field it can be.....

 

Hoefully I can share my experience with others as well and make a contribution to the CAG cause along the way

 

Once the TO is finalised I will revert back... fingers crossed

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Well looks like there is no hearing to be had...... SETTLED!!! at a huge discount and no review period... fixed term, fixed installments...... RESULT!!!

 

nice one :)

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any developments?

 

Hi Ford

 

Tomlin Order signed and sent by DCA sols earlier this week.

 

Just waiting for sealed copy from court to stay claim under TO.

 

I have a raft of emails that are without the phrase 'without prejudice' which show agreement to settle, so they would be mad to try pull a fast one.

 

A

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Well done Alloyz..... proceeding on the intended arguments could have proved disastrous for you....costs.Let me know when the TO is sealed and recieved and I will amend your thread title to reflect the result.

 

Delighted this has been resolved to your satisfaction.

 

Regards

 

Andy

 

Hi Andy

 

Sealed Tomlin Order received today!!!!!

 

No review period, fixed term and fixed payment amount with a 75% discount to claim.

 

GET IN!!! The risk of going to court was simply too risky re costs...

 

Thanks to all contributors!!

 

Donation made a few weeks ago and worth every pound

 

A

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Good stuff Alloyz1...sometimes its better to let the head rule the heart.

 

I will amend your thread title now.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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