Lowell Claimform - old Vanquis card debt***Settled Tomlin Order***

[jb000]

The thought of losing my job has really made me freak out.  It would be just my luck to get some nasty mean old Judge who would accept any old toilet paper as an enforceable agreement then lumber me with a CCJ.  (Similar to the case I mentioned earlier).

 

If there is more than a very good chance that the Judge will consent to a Tomlin Order should I lose if I explain that my employment is at stake, then that gives me a little more confidence.  Otherwise I just don't know what I would do.

 

[Old Cogger]

Lowells are well known to push until the last minute before pulling back and discontinuing, just before they would loose their deposit in the hope that you break, as has been stated even up to a case you can negotiate a Tomlin Order, the likes of lowells are the pits in their game. 

[jb000]

FAO Old Cogger

 

There is only one more day, that's tomorrow as the hearing is on Friday morning.  I thought if they were going to discontinue, they would have done it before the end of May when they had to pay £170 fee to the Court.  I checked with the Court and they had paid the fee.  I have took them to the wire and there is still no sign of them pulling out (unless I get the letter of discontinuance in the post tomorrow) which I find unlikely one day before the hearing.

 

I was very confident at the beginning of the week, however there has been a couple of events which has put paid to that.

 

With that in mind, I'm taking a huge gamble if the Judge does not allow me the Tomlin at the hearing if things go their way.

[dx100uk]

stop fretting.

you could always pay it within 28days and it wont ever show IF IF you do 'lose'

 

BUT...add to your notes..

 

that supposed signature 'box' is a copy and paste onto a set of T&C's they either got out of their filing cabinet or from the internet 

its not aligned with the rest of the text. and has very obviously been copied and pasted from somewhere and that somewhere is not any exhibit or paperwork they have sent so where does it come from m'lud..

 

vanquis agreements for the time of your sign up do not even look the same as their recon.

 

 

 

 

[AndyOrch]

I think your getting a little confused here......for clarity.

 

A judge cant offer a Tomlin Order...thats agreed between the parties pre hearing.......once the hearing begins you either win or lose.

 

So your options are:-

 

Contact Lowells tomorrow and ask if the offer is still open.

Speak to the Legal before you enter the courtroom and try to agree one.

Or proceed with the trial and take your chance.....If Lowell refuse a Tomlin on both counts above you have no other option to proceed.But if you had not defended in the fisrt place you would already have a Default CCJ by now,

 

With regards to your employment...you need to seek advice from a Employment Solicitor any company dismissing an employee on the basis of gross misconduct because of a CCJ I would imagine is Illegal and probably  unfair dismissal.

 

It was in the following case and this person won his claim and he worked for Barclays and HSBC Clearing Banks to collect cash and redistribute it under an agreement with the Bank of England called the Note Circulation Scheme.

 

Mr_N_Elsanosi_v_Vaultex_UK_Ltd_2200919-2017_Reasons.pdf

[dx100uk]

just to clarify my point

look at page 5

the right hand side black line to the right of the sig box is missing

that sig info has clearly been copied and pasted by lowells on to that set of t&c's

and if you look at other vanquis card CCA returns here on cag for that same set of T&C

there has never been that box there anyway

 

Exhibit_NA1_(1).pdf

[jb000]

Been to Court this morning.  Goodness me, where do I start.

 

Wednesday and Thursday I e-mailed them to go for the Tomlin, but got no response.

 

Got to Court, spoke to their rep who was a locum solicitor.  I explained that I now want to go for the Tomlin as my circumstances had now changed within the last 48 hours.  The solicitor phoned them and it was agreed on the Tomlin at £20 per month.

 

We were called in to see the Judge.  My god!! talk about Judge Lottery.  Both myself and their solicitor were barked at.  I said that new circumstances had arisen as it was my original intention to fully defend but these circumstances now meant the Tomlin Order is the best course of action.  He barked "Explain yourself".  I explained that a CCJ would have a detrimental effect on my employment which I have just discovered.

 

He agreed to it and before the end, he said something that made me think that I have dodged a huge bullet.  He said,  "Mr jb000 you have made a very sensible decision".  i automatically took this to mean that if I had defended it, I would have lost.

 

I was just so happy to get out of that place with my job and my good credit history in tact.

 

It was certainly not the outcome I wanted as I am now shackled to them and it was not the outcome that many viewing this thread wanted, but it was the best I was going to get.

 

Anyway, I would like to take this opportunity to thank everyone who has helped and contributed, especially Andyorch and dx100uk.  I have made a small donation to help with your costs.

 

Many thanks

 

jb000.

 

[AndyOrch]

Well done jb...you have to do whats best for you.....its not for everyone.

 

But at least you are now more knowledgeable of the process 

 

Still a victory...you resolved it...no CCJ and an affordable payment plan.

 

Thread title updated....and many thanks for you donation 

Regards

 

Andy