Patricia Pearl - Small Claims Procedure - A Practical Guide


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Thread: Tomlin Order

  1. #1
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    Default Tomlin Order

    When a Tomlin Order is filed in court is ther a fee?

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  2. #2
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    Default Re: Tomlin Order

    reboot


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    Default Re: Tomlin Order

    I will direct a legal-eagle to this thread for a reply......

    ..

    .

    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.



  4. #4
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    Default Re: Tomlin Order

    Search on Tomlin and you will find some posts already delaing with this.
    However, no fee. The order is not filed. Itis agreed between the parties in advance and then approved by the judeg with the parties present. consumer forums
    consumerforums
    Have you been ofered one? What are its terms. Have you negotiated on it? In our circumstances it will often carry a confidentiality coause. You can always alter or add terms of the order before it is finally agreed

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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    Default Re: Tomlin Order

    There was no confidentiality clause. Abbeyicon wanted one but did not agree to it so it was removed. There was no fee in the end the court advised us there was which was incorrect.
    Anyway, a cheque for 4k was received on Saturday morning in settlement of charges applied to account.


  6. #6
    Lueeze
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    Default Re: Tomlin Order

    Well done you!

    Give yourself a pat on the back!

    Please fill this in too if you can....http://www.consumeractiongroup.co.uk/survey.php

    Lou x


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    Default Re: Tomlin Order

    Quote Originally Posted by Pere Ubu View Post
    When a Tomlin Order is filed in court is ther a fee?
    Sorry to ask a stupid question....What is a Tomlin Order. have searched for a simple definition, but maybe I'm looking in the wrong places!


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    Default Re: Tomlin Order

    A Tomlin Order stays a claim on agreed terms that are set out in a schedule to the Order, which remains confidential between the parties and brings the disputes between the parties and the litigation to an end other than for the purpose of enforcement proceedings, if they are required.


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    Default Re: Tomlin Order

    You are very kind, J. I appreciate the clarity.....


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    Default Re: Tomlin Order

    Quote Originally Posted by BankFodder View Post
    Search on Tomlin and you will find some posts already delaing with this.
    However, no fee. The order is not filed. Itis agreed between the parties in advance and then approved by the judeg with the parties present. consumer forums
    consumerforums
    Have you been ofered one? What are its terms. Have you negotiated on it? In our circumstances it will often carry a confidentiality coause. You can always alter or add terms of the order before it is finally agreed
    Please could you help me as a defendant who signed a Tomlin Order for a debt of 55k.The Claimant stated I sign one to stop court action as I could not afford to defend the claim against me through my solicitors.It did not agree the amounts agreed upon which I stated but the claimants solicitors said they would change it later and it was only a draft to be amended later.It was not signed by the claimant and badly worded and hence I signed it innocently.I paid 30 k by installments then defaulted as I became mentally ill,then sectioned 28 days.Some months later a judgement was issued for £48k despite what I had paid.
    I went to court to ask why and the claimant produced this unchanged Tomlin that I never knew had been used in court(I was not asked to attend).A clause stated in Tomlin they can go back to case,add fees and interesticon etc.I cant afford legal help but if I can show it was incorrect,not stamped in court etc.I may have a chance.Could you possibly help?Most grateful as Ive wasted all monies and on a very low income know. Nick Leek


  11. #11
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    Default Re: Tomlin Order

    doctornick, it might be a good idea if you were to start your own thread regarding this. If you are having any problems, just contact a member of the site team.

    1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE
    2: Take back control of your finances - Debt Diaries
    3: Feel Bullied by Creditors or Debt Collectors? Read Here
    4: Staying Calm About Debt Read Here
    5: Forum rules - These have been updated - Please Read
    BCOBS

    When the Liberals and Conservatives were in opposition, they both agreed that banks should pay back high bank charges to customers. Nothing seems to have happened since they came into power as a coalition. PPI Insurance has been sorted. Now they should turn their attention to bank charges and help customers get exorbitant charges refunded.


    Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

    PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE


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