HPH2/Cohen Claim Form barclaycard 'debt'***Settled by Tomlin Order***

[isbo]

Seems that way. The person who is their WS has now left their company.

[AndyOrch]

See what the advocate is willing to to accept when you arrive at court..they do state affordable payment proposals. Arrive early to allow negotiation.

[isbo]

Is this before the hearing, do you mean? I thought I wasn't supposed to talk or accept anything beforehand?

[AndyOrch]

Is this before the hearing, Yes do you mean? I thought I wasn't supposed to talk or accept anything beforehand?

Only if your not contemplating any settlement at all

[isbo]

OK Andy.

[AndyOrch]

Edit and Print off a copy of that Tomlin Order I posted to suit your requirements and take 3 copies...just in case

[jaycwl]

Would it be a good idea for isbo to take a income and expenditure form, show the advocate and say your better taking this deal or you will be getting a pound a month, if you can even obtain a ccj.

[shamrocker]

How much did you offer them isbo?

 

Jaycwl... personally, I would suggest a respectful and mature approach as it will show them the proposal being made is a reasoned one and not down to 'being a chancer'. If you earn their respect, I believe they'll be less inclined to want to go before the judge and argue against you, particularly as isbo's WS has potentially exposed a few cracks that the judge might give some weight to. It's a bit like cashing out early on Paddy Power....sometimes it makes sense to quit while you're ahead.

[isbo]

£600 shamrocker.

[shamrocker]

It's totally your call isbo, but I think you'll have to raise that substantially...at least treble it, if you're to get any joy with them. If you can't agree on a settlement you're at the mercy of the Judge and will risk them getting judgement for the whole amount. If that happens, you'll probably wish you'd been more realistic with your offer.

 

Like I say, it's your call.

 

Sham

[isbo]

The problem is sham, I haven't got treble mate.

[Guest]

The problem is sham, I haven't got treble mate.

as andy, sham etc have posted. if a realistic lump sum cant be offered, then you offer a realistic xxx to be paid in monthly instalments of xxx

 

if you get a judgment against, you will be looking for a monthly instalment order. same, except it wld be re the full amount. and you will have a ccj.

 

and, if you own property, a charging order might follow as well.

[isbo]

Property ownership, now that would be a wonderful thing. Suffice to say I don't own one. So - what's the plan for Monday, folks?

[Guest]

Property ownership, now that would be a wonderful thing. Suffice to say I don't own one.

no worries about a charge order then

[isbo]

Nope!

[shamrocker]

The problem is sham, I haven't got treble mate.

 

Did you actually read the draft Tomlin Order that Andyorch kindly posted up?

[isbo]

Yes I did sham. Is the order they're alluding to, and the Tomlin, one and the same thing?

[shamrocker]

"3. The Defendant will pay to the Claimant on or before xx xxxxx 2016 the sum of

£XX.00 followed by payments of £XX.00 on or before the xxth of each month and every

month thereafter until the balance has been paid in full."

 

The Tomlin Order is intended to spread the debt over a number of years if necessary. What could you realistically afford each month?

 

Is £3,300 the full value of the claim? Does it include the £900 s.69 interest, or are they asking for that on top of the £3,300?

[isbo]

No more than fifty pound a month, sadly.

The interest is on top, plus costs etc mate. It's scandalous.

[shamrocker]

No more than fifty pound a month, sadly.

The interest is on top, plus costs etc mate. It's scandalous.

 

So....it's over £4k they're claiming? Is that correct?

[isbo]

That's right sham.

[shamrocker]

Ok... what about court fees on top too? What's the full amount they are claiming?

[isbo]

Total amount is £4,423. Absolute barstewards.

[shamrocker]

To be honest isbo, I'd be offering them around £3k - that's £50 a month over 5 years. You can chance it by going lower, but I'd be surprised if they agree.

 

I guess the big question is whether you can win the case, thereby not having to pay them a penny. Personally, I would say the chance of winning is slim - you needed to be on top of this earlier, but it is what it is. It's a case of making the best of it. Worst case scenario you come out having judgement granted against you and owing £4.4k and a CCJ against you. Anything less than that, with instalments you can cope with and the avoidance of a CCJ would be a bonus in my book.

 

Reasons why they should compromise:

- You can question the s.69 interest and have it removed or substantially reduced (it's at the court's discretion, and the interest rate should fall into line with the BOI interest rate)

- You can push the 'Proof Purpose' point on them with regards the agreement and commencement date. Can get an adjournment, which means legal costs for them.

- You MIGHT win outright. The Judge may back you on the strength of the supplemental WS. It's a slim prospect, but they won't know 100% what's going to happen, but will know it's a risk.

 

That's how I see it. I'd do what I can to avoid going before the judge. Others might disagree, but they ought to post their views here if they do. If it weren't for the fact you got the extra WS submitted in the end, I think you'd be stuffed...therefore, you're looking much better than you could have been.

 

Sham

[Guest]

agree, at least half to start off with. 600 wasnt going to cut it. even if it was a lump sum. (unless they had absolutely no chance, but that doesnt seem to be the case as it is at least triable)

s69 interest shld be no more than a years worth (case law on that). and, as you say, is discretionary.

then, as you say, its re whether its won in court or not. if not, then its the full amount re an inst order. if a win, then great.

isbo still needs to supply medical evidence. otherwise in breach of the order.