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agreed a tomlin order on a loan...can they then add 9yrs of outstanding interest?


jason_mnm
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Jason

 

 

Follows Slicks advise you must enter a defence plenty of time then for mediation.If you dont and trust them they will go for Summary judgement I can assure you of that.

 

Regards

 

Andy

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Thanks for your reply.

I just received an email that was sent to my solicitor friend acting for me

(please note he is just using his letterhead as he does not know nothing much of debt issue)

by Incasso legal executive confirming that they have got instructions from Natwest to stop prceeding

untill I agree the new terms with tomlin order,

 

I am just scared as I took the loan last year March 2008 they might be able to produce the copy of the agreemenst easily...

 

I do not know what to do.. my solicitor friend does not have as much knowledge as you do...

 

What if they produce the agreements will I be in big trouble if I defend..

 

Please do not get upset with me .. I am just helpless...

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Thanks to both of u

 

Incasso said they will set aside the case till I reach an agreements, do u think should I send a defence now when they have confirmed that they will set aside the case till we agree to the new terms.

 

the email sent was as follows:

The attached letter drafted to Northampton Bulk Centre has been approved by our client and we confirm that our client is prepared to stay all further proceedings while negotiations are in place as per the Tomlin Order terms.

This is currently being drawn up and will be sent out for approval by no later then Friday October 23 2009.''

Do u think they will still get CCJ when we have not agree to the terms yet...

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"This is currently being drawn up and will be sent out for approval by no later then Friday October 23 2009."

 

 

Mmmmm the day your defence is due coincidence!!!!!

You can agree to any Tomlin Order during proceedings even after submitting a defence.

Claims issued vis a vis CCBC Northampton are all automated the only way to stop the CCJ is by defending

Submit the defence.

 

 

Andy

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You can do it on line MCOL password on the summons.

How did you do your Acknowledgment?

 

Regards

 

Andy

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I am scared if i submit defence

what if they withdraw from the agreements that I negotiate with tomlin order..

dso u think should I still submit defence.

.sorry I am been like this cause I do not want to lose everything....

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They have said its in the post for Friday.

What if you dont submit the defence and no Tomlin turns up

They have the CCJ and you live to regret

Then you will lose everything.

 

Cant give you any further advise your choice

 

Andy

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Jason, I realise you are agonising about this but I think you should enter the defence online using the MCOL system - I don't think it will do you any harm.

 

However, if you fail to do so and the bank gets their judgement, you have everything to lose.

 

As Andy says, it is now up to you. :)

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HI Slick and Andy,

 

I had a chance to talk to my solicitor friend who was kindly helping with the case.

Again please note this person does not have any knowledge like you.

 

what he has done last week,

he has sent a letter to the court explaining our postion about the new agreements

and asking for more 28 days.

 

He also said he has got the approval from Incasso for the letter he sent to court.

 

He advised me that I should not file defence now,

if we do it might jeopardise pur position when he has already sent that letter

explainign the postion and asking for more time.

 

I hope what he says is correct.

 

Now I living in fear what if everything turns bad if I donot file defence as u guys said...

 

But plz do not give up on me , I will need ur help....

 

It is just I never thought I will end up in court in my whole life.. wish I never used loan or cards..

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Hi Jason,

 

Ultimately, you have to do what you think is best at the time and I'm sure your friend has your best interests at heart.

 

No one is giving up on you and you're welcome to seek advice at any time.

 

All I would say is, next time, come here and seek advice at the earliest opportunity and not at the last moment - this gives us the best chance to give you the right options. :)

We could do with some help from you

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I appreciate what u said slick..

 

I got more credit cards who are currently taking my repayment offer.

.however barclaycard which I took in 1999 has threatened to take further action after 23rd Oct 2009.

.do u think I should ask them now for CPR and Credit agreements request..

they did ask me to pay £3000 for settlement but my condition is so bad that I cannot afford to pay £3000

now I mean by tomorrow.. what do u think I should do now..

 

Abbey had same offer but I could not pay,

now abbey said they have sold my balance to someone else who has not contacted me yet since last month...

 

Citicard also sold the balance but I have not heard from anyone..

 

I called both CITIcard and abbey to pay for this month

but they said not pay them and wait till I hear from the people to whom they have sold the balance..

 

Please note from Abbey I had 3 accounts and I paid 2 off them per agreements ,

only one credit card balance of £7000 left which they offered me to pay for £2000,

but again I have not got that much money to pay at once.

. so they sold it though I requested them to hold...

 

Please also note all these cards I took sometime n 1999 and 2000 Please advise..

Edited by jason_mnm
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The reason I took those cards in 1999 and 2000 to pay for my tuition fees then and end up having lot as I never got support from anyone.. I had to do everything on my own.. I thought I could pay them off when I qualify but after I qualify they become so much that now I am scared to change job in case if I cannot pay my monthly repayments.. that's why I am not able to take any risk ...

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Hi Jason,

 

Use this thread ONLY to discuss your NatWest case.

 

You now have a BC thread which I've opened for you - http://www.consumeractiongroup.co.uk/forum/legal-issues/227783-re-jason-mnm-barclaycard.html#post2523060

 

I've copied your post #43 to it and have replied there.

 

Open new threads for each of your cases as necessary using the NEW THREAD button in the appropriate forum.

 

Discussing several cases on one thread will lead to confusion. :)

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  • 2 weeks later...

Hi Jason,

 

As your solicitor friend wrote the letter to the court and Incasso, I suggest you seek his advice about your next move as he may have heard from either or both of them.

 

I think it would be inappropriate for us to advise what you should do, when you have decided to follow his advice.

 

Keep us informed though. :)

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  • 4 months later...

Hi slick as you know I got Tomlin order for this case.. That time I had no knowledge what I have learned now from this great website..

 

Now I am thinking to apply for redermination of this case as I think there is unfair relationship and also it was irresponsible lending by Natwest..

 

What do u think? or any expert advice will be appreciated..

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Hi Jason,

 

I can't give good advice as I've no experience of this.

 

But I wonder if you went back to seek a Redetermination on this, the court may consider issuing Judgement in favour of the Claimant.

 

I thought the Tomlin Order was a mutually-agreed suspension of Judgement which avoided a CCJ as long as you maintained the agreed payments.

 

I hope someone with better knowledge on this will give you guidance.

We could do with some help from you

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