old Moorgate Tomlin order for MBNA debt- changed to Idem

[vix2000]

i have a long standing tomlin order for an old MBNA debt. I have recently been diagnosed with cancer and will not be able to work, therefore unable to pay the monthly payment. This is worrying me and I wondered if anyone can advise me if there's anything I can do about the agreement? Thank you.

[AndyOrch]

Hi vix......sorry to hear of your health predicament.

 

Do you have access to the schedule contained within the Tomlin Order?

 

Regards

 

Andy

[dx100uk]

full history on the card would be useful too.

 

 

dx

[Achilles2015]

As an alternative suggestion, perhaps you could approach the creditor explain the situation, produce medical evidence to support your position. As your unfortunate illness affects your ability to pay they have to treat your account as being "sensitive" despite the Tomlin Order. I'm pretty sure there are regulations that say this is the approach must be adopted in these circumstances. Dealing with it in the least stressful way can only be best for you. Hope you make a full recovery.

[vix2000]

Sorry for the delayed reply. Thank you for all the advice and help. Is it OK to put the tomlin order minus details on here with it being confidential?

[vix2000]

OK, here is the schedule.

[AndyOrch]

Many thanks ...let me digest that and I will refer back to you.

 

I have now unapproved your upload as it is a term it remains confidential

[AndyOrch]

Hi vix

 

Okay looking at your schedule and considering your current circumstances...this is how I would approach it.

 

Write to whoever you are making payment (Solicitor) and advise them of your health situation and how it will effect your ability to work.

 

You will notice that point 2 of the schedule refers to annual review...and increase in payment...well reviews also work the other way to decrease the payment.Try to agree an affordable amount and if they will not agree it then you have recourse as per the tomlin order to take this back to court and agree a new monthly figure.

 

Its important you act quick on the above before you are no longer able to manage payment.....otherwise they will move to point 3 of the tomlin order and go straight for judgment.

 

Hope that assists and will help ease any undue stress during your illness.

 

Regards

 

Andy

[vix2000]

Thank you very much, I will get a letter off as soon as possible.

[vix2000]

I'm sorry to say that I have not yet got around to sorting this out yet, as have been busy with health concerns and appointments, so had sort of forgotten about it. I have now had a letter transferring the debt from Moorgate to Idem capital securities. How does that affect the Tomlin order as it was agreed with Moorgate? Thanks.

[AndyOrch]

I'm sorry to say that I have not yet got around to sorting this out yet, as have been busy with health concerns and appointments, so had sort of forgotten about it. I have now had a letter transferring the debt from Moorgate to Idem capital securities. How does that affect the Tomlin order as it was agreed with Moorgate? Thanks.

 

No effect ......As long as Idem Capital Securities are aware they are dealing with debt attached to a Tomlin Order...change your payment arrangement's.

 

Andy

[vix2000]

Thank you. How would I find that out? It doesn't mention the Tomlinson order in the letter.

[dx100uk]

might be worthy to send an sar to MBNA to see if anything reclaimable exists to off set this ?

[AndyOrch]

Thank you. How would I find that out? It doesn't mention the Tomlinson order in the letter.

 

Not your concern...they have been assigned the debt...its up to Moorgate to inform them

[vix2000]

Thanks

[vix2000]

After a rough 6 months I am now feeling a bit better and fit to tackle my finances.

I am sorry it is so long since I received advice on here.

 

 

My first query is that, as my default it due to leave my credit file this month, after 6 years, will contacting idem re-affect my credit file?

 

I have drafted a letter to Idem, could someone please give ot a once over to see if its OK?

 

I have an old MBNA debt which is agreed by way of a Tomlin order which was transferred to Moorgate and more recently to yourself. I have been paying this at a rate of £100 a month for quite a few years now.

 

I have since been diagnosed with incurable cancer, and this has obviously affected my ability to work. My income now is a fraction of what it was at the time of the original order.

 

The terms of the Tomlin order are that an annual review should take place with review to assessing the payments. There has never been such a review that I am aware of but I am unsure how to go about this.

 

I am hoping you can help in reviewing the monthly payment, as the third term of the Tomlin order is to take it back to court to be reassessed.I am sure you would rather agree a new payment amount between ourselves save as to costs and have included my latest Income and expenditure with my proposed affordable monthly offer for your perusal.

 

I look forward to hearing from you.

 

As always, thank you all for your help and advice.

Edited August 1, 2017 by Andyorch
edited

[dx100uk]

did you get the SAR running to MBNA?

[AndyOrch]

I have made a few amendments to proposed letter above vix.

 

Andy

[vix2000]

DX I have had an SAR and couldn't find anything in there. Thanks for the letter amendments Andy. Could you confirm that my contacting them won't affect the default due to be removed any time now, please?

[dx100uk]

what no ppi or £12 penalty fees?