Just one other thing re the question I asked earlier..should they have stuck to a orocedure bearing in mind the Court Order stated the amount, also, they have a charging order on my house..If they were happy I was deliberately defaulting why didn't they go down this road? I asked "I cannot for the life of me find the original CCJ and Charging Order. but if my Order states I pay £44 per month and I tell the Solicitors that I am sticking to the Order, should there be a proper followed legal procedure, including informing me beforehand, stating that they will ask the court to order me to give a statement of means?? Many Thanks

Thank you Andy..will get that sorted out ..much appreciated....

Hi..apologies if I have misread this..are saying that basically i have no recourse..they can go ahead and get money from my employer by going behind my back, by their own admission and getting an order?

Hi......I was thinking how many legal or financial staff read these forums. I thought that the advice was to stay as anon as much as possible and I wouldn't want to give these jokers the lead.

Thank you CitizenB..I am just confused with the same forms being sent to me and where to go from here.. I have told the Solicitors I want a copy of the phone call 6 months ago so i don't know how long that will take. At first they tried to fob me off by saying they did not provide such. i said i wanted it as part of the SAR. i look forward to some help x

Thank you all for your help....it has been very helpful. It gets worse. I wrote immediately to the court when i returned my I and E form and explained everything in detail. I got a letter back from the court asking me to fill in the very form i had sent them- the N56. then stating in order to set aside judgement, i was to pay £150 for court hearing at my local court They also sent me a blank N244 I am confused. Looking at it, i I did tick the box asking for a suspended order and on reasons why, detailed in my letter. Instead I have the same blank forms sent to me. I cannot remember exactly why i opted for Continuous card payment, i hadn't heard of it several years ago so can only assume it was because it was suggested. I realise everything should be in writing but with the absolute introduction of recorded calls, i felt that was protection The Solicitors have as ggod as admitted that no contact was made in 6 months. Is a Judge likely to take note of that.? I have paid the solicitors £10 for a SAR including details/copies I sent the court all my documents showing I had money in my account but they just sent the letter as stated. There is no way I can afford to clear the arrears in one swoop. I have paid £44 as soon as that judgement came through. I asked in my letter that they were not to be given any info on my i and e. Not because I have something to hide. I don't, but because I am sickened by the surreptitiously method they used. I speak to my mortgage providers once every 6 weeks and have paid in full for 2 years solidly. There are only arrears which, when I say I would like to pay, even £10 per month more, they say they cannot set up a plan due to the lack of money I have left after everything paid for. Damned if I do Damned if I don't. I cannot for the life of me find the original CCJ and Charging Order. but if my Order states I pay £44 per month and I tell the Solicitors that I am sticking to the Order, should there be a proper legal procedure, including informing me beforehand, stating that they will ask the court to order me to give a statement of means?? The same Solicitors feature on here time and time again. The other Bank I mentioned in my last post of which I actually go online and pay £75 each month (and owe a greater debt) have never ever bothered me ever. One thing I never mentioned before, is that a week before I received this bombshell, I had court papers land on my mat stating change of ownership of debt was passed from the original bank to another company but the same solicitors were still acting . I thought this was odd because with other banks, a letter suffices. Now I know why. So I have no idea where to go from here. Have I to fill in the same forms? As I put that I want the Order suspended, do I need a Hearing, or can I appeal the Judgement made owing to the fact that I had no idea whatsoever and the Solicitors admit no contact for 6 months. Do I pay? I am so very confused. Thank you guys x

Thank you....i would also like to know what power, if any, these solicitors have to make me fill in a Income form????? Obviously they can go to the Court which they have done, but if a Court Order from years ago stated £44 what right do they have to keep bothering me over the years when i have made it very clear that i would inform them of any change of circumstances Do they have any legal right to demand???

I don't mind paying because if they get away with this, they will continue doing it to vulnerable people. They are either grossly incompetent or using dirty tricks to get a Statement of Means at my cost because they know that with a Court Order already in place, they do not have to go through too many procedures.

Hi First of all, I apologies in advance with regards hash and tag and other advanced features like this because I am not sure. I would appreciate straightforward advice as I thought all this was behind me. Five years ago, I had severe money problems and defaulted on 7 credit cards. Two banks took me to court. Both messed up proceedings and I think I surprised the court by admitting I owe it I will pay it, even though the failure to implement correct procedures could have possibly gone in my favour. Both had Charging orders made against my house should I not pay. I had no problem with this. The Court also put on the Order that I pay one £75 pm and another £44. These were nothing to do with each other by the way. The bigger one, I pay by online banking religiously every month. no DD no SO Card Payment nothing. I pay it as a bill. I have never once defaulted. The other five, I have arrangements with and I have done this all myself. No problems. I have made full payments every month to my mortgage although I have arrears but they cannot take extra because of my monthly outgoings, again , there is no pressure from them because I keep them informed and I pay full every month. Now the other jokers, the £44 per month. They are a firm of "Solicitors" featured here on a very regular basis. My agreement with them was to take £44 pm, by continuous card payment, which they have done. Several times over the years they have left me answer phone messages or sent me Statement of Means forms to disclose my financial situation. I have largely ignored them as the Court Order said £44 per month, so as far as I was concerned that was it. Last week, I had a letter out of the blue from Court stating I have failed to pay as ordered, and I have to fill in the Attachment of Earnings Order I was horrified. It turns out, no payments have been taken since December 2014. I really must emphasise I had absolutely no idea they had stopped taking money. I know you hear this constantly but I did not. I have 22 DDs SOs and the only physical payment I have to do is the one I religiously pay £75 for. In January, I spoke to someone at the Solicitors who was trying to pressure me into completing the Statement of Means form with the promise of looking to reduce my 44. i told her i did NOT want to as the Court Order set that amount. She kept on and on until to get her off the phone, I agreed to her sending me the form. When I got it weeks later, i changed my mind and left it as the Court had stated. It appears no payment was taken from then onwards. They said they left me an answer phone message end of Jan and admitted no other contact attempts had been made. This is totally their doing and I am extremely upset. One of their agents told me the other day, to not return the court papers until i had spoken to someone else who would phone me back. Nobody did, i eventually contacted someone else, asked what to do re court papers and she said she didn't know what I was talking about!!! I am devastated, being threatened with employers being contacted, or Bailiffs being sent round when I have left everything in their hands. I have told them I want a copy of my file and especially the phone call in Jan and they said they couldn't. I informed them I could and so have sent the admin fee to them for this.. I also paid the £44 immediately. What do I do,? It comes across as if I have deliberately disobeyed a Court Order, they have piled their admin fee on. Is this their ploy of getting their Statement Of Means/Income/ Expenditure? I WILL send the papers to the Court but I am determined they will not get away with this.. so can I request a hearing. ? I will very gladly pay the Court fee because they are nasty extortioners and now I for myself and any others, am prepared to do battle with this. I am so sorry about the length of this and thank you very much for your time x

Thanks Andy I have managed a general query and titled it . It was just that the site was asking for general comments about the actual site and I do find it quite hard to navigate tbh. Thanks

I had a replacement tooth/crown sent over from US to UK to have fitted by a dentist here. I paid in full and an extra £12 Post Office charge for Customs clearance. It broke and two weeks later the US dentist sent me a replacement tooth/crown with no charge as it was under guarantee. He put" Replacement//Under guarantee" on the invoice and I later got a bill from FEDEX asking me for £30. Do I have to pay for replacement goods under guarantee and how does FEDEX justify that charge? They blame Customs. The invoice bill is unreadable and I had to phone the US Dentist to ask what it said. How can I be charged 11 pounds for a declaration of 40 dollars on the first tooth then 30 pounds for a zero amount on a second replacement tooth shipment which said that the tooth was under guarantee and a replacement. Thanks .

Have to say, I am quite computer literate but I do find this site very difficult. Haven't been on for a while so I am struggling where to post any concerns about Customs Excise for example. Searches take me to other forms of tax. I know you have lots of subjects and I along with others are extremely grateful but can you make this site a little easier to navigate please. xx

I certainly think that if there are time limits they should be adhered to.My solicitor told me it was "protocol" rather than anything set in stone that the 6 weeks to acknowledge and the 3 months to investigate were made. I just wondered if that were the case. I have taken another 3 sets of photos of the pothole which is still there and gaping wide, in fact I was so incensed when I went to the branch just before Christmas, that I dragged the duty manager out to have a look again. All the car park lights were out as well so it was obvious how seriously they took it all.The solicitor I have was recommended through a large police organisation and belongs to one of the most successful civil proceedings company it appears. Thanks for your help it is much appreciated.I just couldn't find anything anywhere one the 6 week 3 month rule and whether it was law or not.

Please can someone help with some kind of timeline. In July 2012 I fell down a large pothole in Tesco car park and broke my ankle and elbowI contacted a Solicitor and she told me that the other party have 21 days to reply to her letter acknowledging and the 3 months for their investigation after which they will give their result. He told me that he had sent a letter at the end of July and by Sept, had not even received the 21 day acknowledgement. she eventually got an acknowledgement from Tesco in Dec.....she is now telling me they have 3 months from the date of their acknowledgement in December- to do their investigation March 30th is a cut off date. Can this be right? If a company ignore several letters to give an acknowledgement , surely all they are doing is deferring things. Should the 3 month investigation period not start from 3 weeks after my solicitro sent the letter, I mean what if a company does not acknowledge for say 6 months..Is it right they can legally defer it? Thank you

I think you done well by just getting a response from ASDA. I wrote 7 letters of complaint last Nov and did not get a reply. Then I took a fall and broke my leg in a "trench" in their car park in June and had to write to them again last week because of still no reply, despite should have replied within 21 days...watch this space.......

Hi...thanks for your reply...The question on an application form..Have you ever neen declared Bankrupt, had CCJs or had any bad debt registered against you?...That last bit covers a multitude of sins I think. I would imagine that they would want you to say if you were or had financial difficulties.

Regulation 6..." wilfully refuse or neglect to discharge any lawful debt"...I am told that certain other professions are subject to similar regulations.

Hi..sorry for the delay in replying ...i have very limited PC access at the moment..I cannot speak for the other professions, but I can say with 100 per cent absolute conviction, rthat it is a disciplinary offence within the police service to be in debt...having said that, of course you can have a mortgage and credit card but you cannot let it become unmanageable. I triple checked this and spoke to a federation representative who is intervening in a disciplinary action against an officer who is facing bankruptcy...there would be no chance of a position within the service with any CCJs. It is written within Police Regs

Hi.....would the register show a charge in favour of a Bank? and if that was the case, would it be fair to say whoever is doing the check could guess there is some debt involved. Certainly within the police service, it is a disciplinary matter to be in debt and any vetting would involve address checks. When you say the land register would only show a charge, does it give full details to whos favour, ie in this case, Barclays?.many thanks

Hi.. many thanks for the reply.There are jobs within the legal, medical and some other forces which vetting extends to checking where the applicant lives and checks are done on address given. It is also disciplinary to be in debt in such professions.I know because I have had to do this in the past I have not been given any draft of the charge...I never asked for one as I thought they were generally standard forms... With regards the "reasonable " aspect of the A & L v Slayford Times............have you any idea what the judge might deem as reasonable if it is not defined by law? Would 20 years be deemed "reasonable "time to repay a debt if the defendant was 35 yrs old.or what are their guidelines issued by Lord Chief Justice..I keep thinking 5 yrs for some reason You can see by my first lengthy post, that this has gone round in circles and although I have been back to Court the CCJ and interim order on a charging order was revoked, I feel eventually the judge would have no choice than to grant in Barclays favour...what do you think?

Hi....thank you very much for your replies.I have copied the words of the Tomlin Order I have been ask to sign by Barclays. I am an honest person in as much as I totally agree with repaying my debt because after all, I borrowed their money so I don't have a problem admitting to Court what I owe and the fact that I will pay it back. The bank seem adamant they will not agree to anything else other than the "concession" of a Tomlin Order but the actual Charge logged with the Land Registry must be made, either voluntarily, or else they will begining the process they started over a year ago, which as, you quite rightly say Mike, has gone round in circles. TOMLIN ORDER 1. All further proceedings between the claimant and defendant in this action be stayed except for the purpose of carrying the schedule terms into effect and for that purpose, the parties have permission to apply 2. The defendant agrees that the credit agreement into on or about –date - account – number – and debt of amount is enforceable against him inclusive of all interest,costs,charges, and disbursements is recoverable against him 3. The parties agree that the debt will be paid by monthly instalments of £70 per month on or around and thereafter on or before the first day of the month 4. For the avoidance of doubt, time is of the essence. 5. The defendant agrees to the debt being secured by the placing of a voluntary equitable charge at HM Land Registry against the defendants property 6. Should the defendant breach any of the previous conditions, the claimant will give 14 days to rectify any default and upon failure to rectify the default, or if there is any alternative reason why the voluntary charge cannot be registered, the balance of the debt shall become immediately due for payment. And the claimant should be at liberty to enter judgement for the remaining balance 7. In the case of paragraph 6, the defendant agrees to indemnify the claimant for its costs incurred in seeking judgement and enforcement. 8. The parties agree to keep the provisions confidential and the defendant agrees not to disclose any of these provisions to any persons not party to it,save as may be necessary for the purpose of implementing the terms of the settlement and save that the defendant shall not be in breach of this cause in disclosing matters if compelled to do so by a Court or authority of competent jurisdiction. Gany, to be successful in the application for a job in my field, I would have to be vetted including address among other things...the "voluntary equitable charge" order, I am being asked to agree to in the Tomlin Order,would make this public to anyone who wishes to check surely? So the whole point of the Tomlin being something that can be kept quiet, for want of a better phrase, is pointless?

]Hi....I have become very aware of this ruling because it is mentioned by lawyers/agents attempting to get a judgement and citing times they believe are unreasonable,to get loans etc repayed.....Does anybody have a clear cut answer for what is the legal definition of REASONABLE TIME.???.. Is this actually fixed or discretionary or have there been guidelines as to what reasonable is? [N]o Judge could properly exercise the power conferred by section 71 of the County Courts Act 1984 to make an order for payment of a money judgement by instalments which it was known would not satisfy the judgement within the lifetime of the debtor or indeed within a reasonable time.” Many Thanks

Mike...apologies for the delay in replying as I had no internet service.I spoke to Barclays..they got back to me quickly and said they would put a confidentiality clause in the Tomlin Order, however they will not accept a charge NOT being put on my property. This, as far as I can see, defeats the object of a Tomlin Order so that debt can be kept quiet as not to harm job prospects once a check is done on my address for vetting reasons...You are correct about this going round in circles as it has for over a year..once the original CCJ was revoked on my appeal, Barclays tried again and each time, the judge has deferred the case as my job prospects would have been compromised. I have not been able to increase the payments. I checked the amount they would be claiming and it was reduced...thank you for that bit of sums you did for me...and they are asking for no costs at all. I am just in a total quandary as this Tomlin Order.......If I don't sign it because of this Land Registry clause, will it backfire and end up with me getting a CCJ as I have no doubt, they will not be happy with anything less than a charge on my flat whether voluntary or enforced. It was also pointed out to me, that the "reasonable time" as in the Alliance and Leicester ruling, was decided by the Lord Chief Justice, was 5 years. My admissions during the proceedings were only that I owed the money and as I said, CCJ would harm my prospects. This is now my position. I have a imminent Court date for a pre trial review, although Barclays seem to think it is a trial (if no Tomlin agreement is signed by me beforehand) I have continued paying the £70 despite not working(through a broken pelvis accident} last time I was at court. The court were aware of my accident as I forwarded medical certificates to them and a date was re arranged. Whilst I would never ask for a prediction, are there any instances when a judge will NOT issue a CCJ or later a Charging Orde???...I am worried if I don't sign this Tomlin, it will come back to bite me when official avenues are taken by Barclays? I really do appreciate your help and thank you again.

Hi ..Many thanks for your reply, it is appreciated.The reason the post was long was I tried to give a background story but it seems I still did not make it clear, that it was Barclays fault they went ahead with the application for the Court Order, as my brother paid £560 to bring the monthly arrears up to date. Barclays said they were ok with this but a breakdown in communication meant their solicitor went ahead and I then had to attend to say why the judgement was made in error.I did not get the job through their error and because of this, I do not pay the minimum amount every month so they started theprocess again. As I said, each time I have attended, no Order has been granted. I also did ask a question. Does a judge HAVE TO issue a Court Order under the Alliance and Leicester ruling, if the debt cannot be repaid within a reasonable amount of time? and also the question Do I go for the Tomlin Order or bank on a judge not making an order and continue with my 70 pounds per month I have been paying? I will not post the whole Tomlin Order proposal but what is concerning me is that there is no confidentiality clause and it asks that I put a voluntary charging order for my house with the Land registry, so it takes me to the other question I asked above, ". I still believe, the bank want it noted in the land registry that they will have an interest. If this is public, as it is, is it assuming that I have some financial debt and would be associated with some kind of Order."? Would appreciate some help and does anyone know the Alliance and Leicester versus ? ruling always refered to.??

Please could someone advise me please. I owe £10,200 to Barclays. I was made redundant and as a result, could not afford the full repayments on my credit card. Barclays applied for a Court Order and it meant that because of my work background, any Court Order would make it impossible to get a job within my specialist field. My brother paid my arrears, as I had the offer of a job which would have got me back on track. I paid and the bank agreed to drop the application for a Court Order. Two months later, I got a phone call from the job vetting agency telling me there had been a problem in clearance, followed by a letter from the Court telling me that a Court Order had been granted in my absence....the bank had failed to tell their legal department, I was up to date with the payments and went ahead. As a result, I did not pass the vetting for my job and remained unemployed and could not pay the amount required each month. Barclays, admitted their mistake but bulldozed on with a application for a Charging Order on my house. I attended Court, explained everything to the judge and he immediately revoked the Court Order and did not grant a Charging Order. The bank solicitor just kept requesting something like Alliance and Leicester versus someone, a ruling from the past which i think, requires a reasonable amount of time to pay a debt. Mine would take 20 years. However, the judge said he would review the case in 3 months. I attended after 3 months, and another judge, was unhappy with the whole procedure and defered it til another 4 months. The judge said that owing to my job background, i m,ay want to make a voluntary agreement - his words - with the bank. I later wrote to Barclays and they agreed and sent me papers regarding a Tomlin Order. I have read up on this but am confused. Will it ever show up to anybody that wishes to check, that I have an Order against me?. I still believe, the bank want it noted in the land registry that they will have an interest. If this is public, as it is, is it assuming that I have some financial debt and would be associated with some kind of Order. The most important question I have is this Does a judge HAVE TO issue a Court Order under the Alliance and Leicester ruling, if the debt cannot be repaid within a reasonable amount of time? I have been to Court three times now under a review. The judge has been, it seems, sympathetic to how I have been treated by the bank and so far, have no orders against me. BUT.....will there come a time when he HAS TO agree to an Order, seeing as I cannot pay back the amount within 5 years Don't get me wrong. I owe and I will pay. Do I go for the Tomlin Order or bank on a judge not making an order and continue with my 70 pounds per month I have been paying? If I get a Court Order, it is a farewell to a job within my expertise and the financial situation will be horrendous... Thank you all very much.