Hi AndyI phoned the clainants solicitors about this and they said because of the amount of the debt they are wanting some security.So my options are-1. Drop defence>get summary judgement>then VCO>monthly payment and no enforcement of VCO provided I keep up with payment plan.2. Tomlin order>no CCJ>VCO>monthly payment and no enforcement of VCO provided I keep up with payment plan.I believe what you are highlighting is why can't I have the Tomlin Order in place without VCO included in it because if I default then they will automatically get CCJ and then CO.Is that right?x

So basically it sounds too good to be true is that what you mean?

Thanks for that Andy.If you look at the attachemnt which shows the The Equitable Charge conditions clause number 7 it says that if I pay the settlement sum by installments thenthe bank shall accept them and shall not take any steps to obtain payment of the settlement sum either by action, sale or otherwise.Is this the bit of good news that I need?

Is an equitable Charge the same as a Voluntary Charge?

Thanks AndyIn their letter last week (before I wrote to them about Tomlin Order) it said that provided I drop my defence and accept a summary judgment and a VCthey would-freeze the amount -accept monthly amount-not enfoce the VC provided I pay the installmentsDoes that seem a better deal than the Tomlin Order particulalry as they say they will not enforce the VC?Because of the large amount they will surely apply for a forthwith order although it doesnt mention that in their letter.

Thanks Andy I noticed at the bottom of the order it shows you the pathway on the solicitors computer to the document. They obviously do a few of these! image1a.pdf image2a.pdf image3a.pdf image4a.pdf image5a.pdf

Hi AndyI had a reply back. They have agreed to a Tomlin Order and have set out their schedule but they have included a charging order in the Tomlin Order. Also that the charge be protected by way of restriction on the title of the property at the land registry. What does that mean? It seems that the Tomlin order includes all the same things they have already agreed to in their last letter.So if I accept the Tomlin Order I just wont get a CCJ. xxx

Cheers AndyShould I send that draft (tailored to my situation) in my letter ?

I have just been looking over the last few posts and a Tomlin Order sounds excellent for me however, as you say, there is no benefit to the clamaint and actually restricts there options so I am struggling to understand why they would agree to one?There doesnt seem to be many posts on CAG with examples of TO its all CCJ's and CO's...

Thanks Andy.Is this OK to send it seems a bit thin!Dear Sir/MadamRef: xxxxxxxxxThank you for the offer in your recent letter dated xxxxxxxxx the contents of which have been noted.I am happy that you are able to accept my recent offer of £x per month.I would like to suggest that we bind this by way of a Tomlin Order.I look forward to hearing from you.Regards----------

OK. How do i go about entering in to a Tomlin order? Do I write back and say I will drop my defence but would like agreement in the way of a Tomlin order. Do i need to ask court about this? is there any special forms? Vicky x

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What is the benefit to the claimant by having a Tomlin Order? I thought they would want a CCJ then they can pursue security through VC or CO. It seems like its better for the debtor

When you say by way of a Tomlin order do i still get a CCJ ?

Andy you have been an absolute massive help and I would have folded long ago. I think now I am feeling that I really dont have a defence as there is hardly any unlawful charges and they have completely up to date paperwork, CCA, DN etc. They have done everything by the book I feel unlike my other thread where HSBC have provided me with nothing and so Ive entered an embarassed defence. I think they would wipe the floor with me. So I feel acceptance coming on. How do I ask for a Tomlin order? Should I suggest a VC with no CCJ? If they say in writing they won't enforce it is that a good thing? A restriction on interest. Is that because its a joint mortgage. Does it have any real relevance? i read somewhere, like you mention, that its not really a CO...?

When you say multiple judgements against the same debtor that means differently to my situation I think ! I have one debt with the claimant and my OH has one debt with the same claimant. The debts are in our own names only.

less £36 !!!!!

£11897

The debt in my name only or the total of both single debts to the same claimant?

Could I suggest a VC but no CCJ?

Here is the intetresting bit- The debt is in my name only. House is jointly owned and jointly mortgaged. My OH though also has a debt with same CC company and is about 2 weeks behind the court process in exactly the same way. So two single and different debts with same claimant but joint mortgage

I dont know Andy. I just had a letter saying that my defence was futile and a waste of court time and only increses litigation costs etc and abuse of the court process. It asked me to drop my defence and accept a CCJ. If i did they would stop and interest and crystalise the amount less £36 for unlawful charges It says they would accept my repayment offer provided I agreed to a Voluntary Charge/Allow the bank at any time to apply for a charge. It said that if I did the above things and stuck to my payment offer they would not enforce the charging order clause. That was it... Vicky x

Thanks Andy so with this one I just need to wait for local court to write to me. Theres nothing at this stage to send anyone?

Hi Andy if youre around can you drop by and give me your thoughts on the updates Thanks

Hi quick update. Received a letter from Northampton CC saying that the case has been transfered to my local court. It says on the letter- "It is ordered by DJ Calahan that The Application to lift the stay must be heard on notice to the Defendant" So does this mean its been transfered to my local court and I have to attend a hearing for D&G Solicitors to apply to lift the stay? Or does it mean stay has been lifted? I also had a letter from D&G with the application to lift the stay and throw my emabarassed defence out. They did try to do it without a hearing. They said in their application- 1. Stay be lifted 2. Defence struck out pursuant to CPR 3.4(2) as it discloses no reasonable ground to defend the claim and is a complete abuse of the court process. 3. Judgement to be entered immeadiately in accordance with attached N225 Please can someone explain this in much more simple terms ! Thanks Vicky x