Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Default What is a Tomlin Order?

    regards,

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    Default

    Found this info.....

    :arrow: Consent Orders

    Tomlin Orders
    9.16 Where proceedings are to be stayed on agreed terms to be scheduled to the order, the draft order should be drawn so as to read, with any appropriate provision in respect of costs, as follows:
    "And the parties having agreed to the terms set out in the attached schedule
    IT IS BY CONSENT ORDERED
    That all further proceedings in this claim be stayed except for the purpose of carrying such terms into effect
    AND for that purpose the parties have permission to apply".

    This form of order is called a "Tomlin Order".


    Hope that makes some sense!! But maybe one of the legal eagles can turn it into English

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    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.


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    It is an order which is signed by the judge and which records a deal which has been made by the parties to settle the dispute.

    Basically there are somethings which the court has no powere to order - such a confidentiality agreement.
    The parties might agree to settle the dispute with a payment of some money and an agreement to drop the court case but that it must all remain confidentialicon.

    The parties would draw up the agreement and then put it before the judge who wold stamp it as aproved. It then becomes binding on the parties a a kind of contract.
    I amm pleased to say that the Tomlin order you refer to did not contain a confidentiality agreement. It did contain a requirement that the Nationwideicon take steps to cleanse the credit register and the Nationwide did agree to pay Disneyman over 600 whereas it was orginally the Nationwide which was claiming 2500 from him.
    It was quite a good result



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    If I may be so bold as to correct you BF it was an excellent result. One you and Disneyman should be proud of. It was good to see the small man beat the strong giant. Long may it continue!


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    Tomlin Orders makes sense now. Thanks all who replied.

    regards,

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    Default Re: What is a Tomlin Order?

    im very new to this can i ask can a tomlin order be approved without my signatureicon or agreement and can it be altered if its wrong


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    Default Re: What is a Tomlin Order?

    The parties would draw up the agreement and then put it before the judge who would look over it for approval. It then becomes binding on the parties like a contract. Both of you have to sign it, and it may contain a confidentialityicon clause.


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    Default Re: What is a Tomlin Order?

    Tomlin orders are Consent orders, aren't they? I've had Restons trying to get me to settle on one, but they can't as I'm a litigant in person;

    CPR Part 40.6(2)(b);

    40.6 (1)This rule applies where all the parties agree the terms in which a judgment should be given or an order should be made.
    (2)A court officer may enter and seal (GL) an agreed judgment or order if –
    (a)the judgment or order is listed in paragraph (3);
    (b)none of the parties is a litigant in person; and
    (c)the approval of the court is not required by these Rules, a practice direction or any enactment before an agreed order can be made.

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    Default Re: What is a Tomlin Order?

    Thanks for your replies but do we have to sign the order in person and what can we do if its been done without our signatureicon?
    Can it be signed on our behalf?


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    Default Re: What is a Tomlin Order?

    Quote Originally Posted by ck&ll View Post
    Thanks for your replies but do we have to sign the order in person and what can we do if its been done without our signatureicon?
    Can it be signed on our behalf?
    It should be signed by you or someone acting on your behalf, with your knowledge.

    Always happy to help where I can!
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    It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

    Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.


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  11. #11
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    Default Re: What is a Tomlin Order?

    many,many thanks I think our adviser may have but i think he should have said


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    Default Re: What is a Tomlin Order?

    i was told by a debt managementicon co. that "tomlin orders" are usually a short length agreement such as six months to a year. also that during the period set the full amount has to be cleared. does anyone know if this is correct? my own circumstances would not allow for the debt to be repaid over such a short time, so if this is the case it would not be worth my trying to form such an agreement. at rates i could afford to offer it would take years rather than months. do you know if this would limit the usefulness of this type of agreement?


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    Default Re: What is a Tomlin Order?

    Quote Originally Posted by car2403 View Post
    Tomlin orders are Consent orders, aren't they? I've had Restons trying to get me to settle on one, but they can't as I'm a litigant in person;

    CPR Part 40.6(2)(b);

    40.6 (1)This rule applies where all the parties agree the terms in which a judgment should be given or an order should be made.
    (2)A court officer may enter and seal (GL) an agreed judgment or order if –
    (a)the judgment or order is listed in paragraph (3);
    (b)none of the parties is a litigant in person; and
    (c)the approval of the court is not required by these Rules, a practice direction or any enactment before an agreed order can be made.
    So what if it wasnt overseen by a solictor as I am a LiP, and lets say that the docs were not valid due to the claimant having bad / no title to the debt, and that flawed / false / defective documentation was used tyhroughout the case, thus they never had the right to be party to the consent / tomlin (yes you may have guessed who the claimant is - cant say cos its been adjourned) . Am I right in saying that these type of agreements come under mediated contracts and as such cluase 1.73 should apply. there are alsp implications under the misreresentation act 1967.

    http://www.nadr.co.uk/articles/publi...agreements.pdf

    http://www.statutelaw.gov.uk/content...tDocId=1185735

    Any ideas on the possibility of getting set asideicon ?

    thanks


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    Default Re: What is a Tomlin Order?

    O.K. I've just happened across this thread via a web searchicon...... Firstly,I'd never even heard of ' Tomlin Order' before a certain idiotic DCAicon sent me one the other day ! Now,given what 'car' has flagged up and given the fact that I'm both a 'Litigant in Person' AND that I most certainly do NOT agree, what's the best way to deal with this 'try on' by the DCA ?? The history behind this is that back in 2008/9 I had my house re-posessed,due to the behaviour of the banksters in general (causing the recession),so,having totally run out of money,I defaulted on a credit card and personal loan from my 'own' bank,plus an overdrafticon...... I simply walked away from all of them. Now we have this particular DCA (one of the very well known ones),who have bought up the 'debts' for pennies on the pound and are now trying to scare me into paying them the full amount ! That will never happen btw ! They initially put it through the Northapton bulk centre 'courts'...... When I received the 'demand/notice' I replied with a Affidavit,pointing out that it was no business of the courts,plus informing the courts of the game they were playing and that they had no contract with me at all ! The courts wrote back,stating that they had passed the claim back to the DCA. Now they are trying it on again with this sillyness !! Any ideas/ observations anyone ?? * I'm quite prepared to name names if you want me to.....


  15. #15
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    Default Re: What is a Tomlin Order?

    Get onto the Ministry of Justice and explain to them that the system is being abused yet again, if you had a claim overtuned by Northampton then they cannot bring a second claim against you in any form (at least to my knowledge) and this is a way of getting round the system.

    Plus as has been stated you are an LIP so therefore they cannot use this method... are they one who were trying Statutory Demands before?


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    Default Re: What is a Tomlin Order?

    Quote Originally Posted by sillygirl1 View Post
    Get onto the Ministry of Justice and explain to them that the system is being abused yet again, if you had a claim overtuned by Northampton then they cannot bring a second claim against you in any form (at least to my knowledge) and this is a way of getting round the system.

    Plus as has been stated you are an LIP so therefore they cannot use this method... are they one who were trying Statutory Demands before?
    Hi Sillygirl.... Not quite sure that I'm with you here.... When I got the notice from Northampton,I responded with an Affidavit (duly stamped by my local county courticon) and told them that I knew what they were trying on. Northampton have replied,saying that they have 'passed the paperwork back to the claimant,along with my affidavit. In my affidavit I informed the DCAicon that I knew that they were 3rd party intervenors and that they had no claim on me ! Also,in my affidavit,I informed them of my 'fee schedule' and that if I had cause to reply to them again,I would be charging them for the priveledge (sp?) ....500 per letter,1000 per hour for attending any court or other place of business,5000 per hour for anything leading to my detention (for the duration). (That's a nice 120000 per day !! lol)...... They have not rebutted my fee schedule,so I take it that they are in agreement.... Maybe hit them with a counter suit ?? Plus,this DCA are now trying to engage me over the personal loan default,which came from the same bank originally...What to do about that ?? However.....Can I get Northampton to take on the case and overturn it at this stage ?? Also,any contact detils for the MoJ ,please ?? As I am a LiP,if Northampton won't take the case on,can I get my local county court to put a stop to it ?? If so,how ?? You ask: ''Are they the ones who were making statutory demands before'' ......I'm not with you here.....can you expand please ?? (I'm a bit slow at the mo'....lol . (That's what comes of working nights !) Oh and the DCA in question begins with an 'M'...... and they have a pet solicitors in the very same building as them !


  17. #17
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    Default Re: What is a Tomlin Order?

    I can't help much, it was a suggestion rather than a direction... all I know is I would never sign a Tomlin Order myself, preferring to fight it out in an open court than let them win via the back door.


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    Default Re: What is a Tomlin Order?

    Quote Originally Posted by sillygirl1 View Post
    I can't help much, it was a suggestion rather than a direction... all I know is I would never sign a Tomlin Order myself, preferring to fight it out in an open court than let them win via the back door.
    Aah O.K..... I have no intention of signing anything for them ! 2 questions tho',if anyone knows.... 1: Do I have to do anything to stop them gaining default judgement via the 'back door' ? 2: Does my affidavit trump their silly attempts at continuing this farce ?? If anyone can address my previous post,I would be grateful.


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    Default Re: What is a Tomlin Order?

    If a tomlin order is in fact a consent order and thus barred under CPR Part 40.6(2)(b); if your a LIP, why are they used by many solicitors and also by judges ?

    The judge in my instance even offered to do one for the claimant in my case there and then ?

    Update:
    http://www.justice.gov.uk/guidance/c...0b.htm#IDA4BC2

    Doesn't 3.1 conflict with 3.4?

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    Default Re: What is a Tomlin Order?

    Quote Originally Posted by whymehfor View Post
    If a tomlin order is in fact a consent order and thus barred under CPR Part 40.6(2)(b); if your a LIP, why are they used by many solicitors and also by judges ?

    The judge in my instance even offered to do one for the claimant in my case there and then ?
    Doesn't 3.1 conflict with 3.4?
    Hmmm....3.1 certainly does seem to conflict with 3.4 ! However...... That is under the 'consent' section......Which I most certain do NOT !! So I would say that this section has no bearing on my particular case. Anyone got any further observations ??



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