Hi,

£30 pcm so it's not going to break the bank! I'll sign the tomlin and send it back. I was wishfully thinking that the judge would just throw it out as that seemed her ultimatum with them. My ultimatum was to offer payment etc and comply otherwise a ccj.

cheers for getting back.

Definitely, that's what I think too.

I contacted my solicitor who's luckily doing a bit of work for me totally unrelated to this. He told me to throw the ball back to Dryden explaining that even though I am happy to sign the order I would like an explanation as to why they had left it until after the deadline.

I did what he said and cc'd the court/judge on the email. This shows that I'm willing to complete the order and I'm not just going to do nothing as it arrived late.

As the judge really was very specific about the deadline I'm hoping she'll be livid about what they've done and chuck it out.

Her warning to me was that if I didn't comply and comply with signing the order and offering a payment etc, then she would have no hesitation in hitting me with a CCJ.

As I've complied and they haven't then surely the consequences should match equally to both sides.

Hmmm.

I honestly don't know why dates are given in courts then?!

I'm sure if I didn't comply and sign it they'd come down on me like a ton of bricks.

What's the point if deadlines don't matter? 

What a complete farce.

The case is already stayed too.

Common sense seems to just go out the window. 

When is it an issue then?

I received a Tomlin from Drydens one day late after the court deadline which was yesterday.

Dryden says to sign it and send it back within 14 days taking it into December. Does 14 days late make a difference or does that not matter?

What would be sensible is that the judge sees they have not adhered to her terms and chucks the whole thing out.

The case remains stayed and I can get on with my life.

What should  I do?

Just sign it and send it back and forget that they're going to be over a week late.

When I was in court the judge made it clear that they had 28 days to do this.

She was waving her finger at them and wasn't messing about!

I'm just hoping she'll chuck the whole thing out and leave it stayed. 

I have had the order in writing from the court.

I only received the tomlin order from Drydens this morning.

I need to sign and return this to them which is then filed with the court.

The reason I am asking for summary judgment in my favour is the fact that they have missed the deadline set by the judge. So they haven't complied have they?!

Hi Andy,

I've already been to court. I've received the order from the judge explaining what was required of me. Drydens had to have a signed Tomlin order on her desk so to speak by 4pm yesterday. My only job was to fill in a financial statement and an offer of payment, which I completed and returned weeks ago.

Drydens hasn't sent me anything to sign and therefore missed the stated deadline from the judge. 

As if by magic, the Tomlin order came through just this morning from Drydens and they have requested it to be signed and returned within 14 days! I've kept the envelope which is dated the 21st and the letter is dated the 20th.

I was thinking my next move is to sign it and send it back to them recorded delivery and then email the judge photographic evidence of the envelope dated the 21st (the deadline) and also the letter they sent.

It will show that I have done my side of the bargain and that it is obvious there has been a bit of gameplay on their part.

I'm assuming I am in a good position to ask the judge for the Tomlin arrangement to be dismissed as they failed to sort it within the deadline.

Hi DX,

Just an update on my case. Drydens had up until 4 pm yesterday to present the judge with a signed Tomlin order.

I had completed everything that was asked of me. I filled in and sent off the financial statement and offer of payment well within the date requested. I sent everything recorded delivery and sent an email to the court containing the signed receipts etc.

I had been expecting something else to come through from Drydens to sign. A copy of the order to sign etc. Nothing arrived. No emails, no post, no phone calls.

I emailed the court/judge with an update explaining this just to cover my back.

Yesterday after the deadline had ended for the Tomlin to be submitted. I rang the courts and they confirmed that no Tomlin had been received and there was nothing on the system.

I emailed the court once again to request summary judgment in my favor on advice from the clerk of the court and again explained that Drydens had not contacted me in any way.

The next hearing is in December via phone. I'm presuming that this should all go well for me as they've failed to sort the Tomlin out.

Where do you think it will go now?

I've received nothing from Drydens apart from the financial statement they wanted me to fill in.

I'd presumably have to sign and agree to it before they submitted it to the courts.

The courts said nothing was in their system and I rang after the deadline of 4pm which the judge ordered.

Greetings!

Hope you're well. Drydens had until 4 pm today to have a signed Tomlin order back to the courts. I sent my financial statement and payment offer through, all in the timeframe required so I did everything from my side.

I have been checking the post like crazy and nothing has come through for me to sign. I have emailed the judge/courts to cover my back explaining the non-contact from them.

I contacted the courts today and they said nothing has come through from Drydens to the court regarding the Tomlin. She said there is nothing at all in the system.  This was after the 4 pm deadline

Presumably, that means it should all go in my favor as they failed to have the order in on time. I remember at the hearing the judge said to their representative that they wouldn't like it (The Tomlin).

So is it Miller time?!

Hi mate,

The cut-off date is on Tuesday. This was the deadline for the Tomlin.

I sent the financial statement and offer to them recorded delivery which they received in ample time.

I also sent an email to the courts for the attention of the Judge just to cover my back. 

Just to explain I'd filled everything out that was requested of me and put an offer forward.

I enclosed the signed proof of receipt too.

They seem to do everything last minute so I'd imagine I'll receive a letter perhaps tomorrow or Monday.

I'm presuming if they don't sort the Tomlin order out then we're back to square one.

A judge surely can't slam a judgment on me if they fail to do what they needed to do in time.

I'll keep you updated!

I did receive my Erudio statements yesterday that was coincidental.

I felt like ringing them up and see if they'd strike me a deal!

cheers

Thanks DX,

I was toying with around the £25-£30 offer. As I'm self-employed, my income fluctuates. Fortunately, this year's accounts look particularly rubbish which are what I'm using to work out a rough monthly income for myself and my partner. Do you think they'll request SA302 forms etc for proof of earnings? Say the last 3 years to get an average.

Yes, I may request an up to date balance as you say.

I also think I'll email the court once I've sent this off. I think it's best to cover my back. The letter I received today was dated 30/10. Then they want it back to them by the 13th. This is so they have a week to sort it out presumably. They do everything last minute! 

Thanks DX. 

What does the 'costs reserved' side of things mean? Is this something at the discretion of the judge?

What would you consider a reasonable offer would be if looking at a % of what's left?

I want to offer as little as possible without annoying the judge if that makes sense! 

Good evening folks,

Just received the letter for the Tomlin order from Drydens. They've enclosed a financial statement for me to complete and requested it should be returned to them no later than 13/11. One week before the court cut-off date. Presumably for them to prepare the Tomlin order.

I'm happy doing the financial statement, but do I have to fill in my partner's income as surely this hasn't got anything to do with her? As everything is split 50/50 would I just split my expenditures? Or would I get away with putting the full amount of say the monthly mortgage etc? Fortunately, as I'm self-employed. On paper, I look like I'm down to my last few scrapes of Lurpak so the income/expenditure will look like there's little, if any left over.

With regards to a payment offer, how should I play this? As the judge will see this I don't want it to look like I'm taking the Michael if you see what I mean?!

I also saw that it states that costs were 'reserved'. The judge did warn them during the hearing to be pragmatic regarding this.

Any advice would be appreciated.

Cheers

Hi,

Sorry to barge in. I know it's a pain in the neck but it's just one of those things.

You seem to have prepared for this so well, and I'm sure you have done everything you can.

Try not to think about the whole ordeal too much. Just remember it's a student loan debt from decades ago. You're not up for murder or anything.

I found my day in court relatively stress-free and I found it all quite interesting.

Try not to get worked up about it and file it away until the date itself.

Treat it as an inconvenience. If it doesn't go your way, your life isn't going to change.

Good Luck

Definitely. I'll get them over once received. cheers.

Thanks dx,

The strong advantage of being self-employed is the fact I can make it look like I'm absolutely destitute if I need to! Fingers crossed that their admin is slow and doesn't reach me within the time limit.

I think it may be worth dropping a note through the courts to the judge if time is getting on just to cover my back to show that I'm willing to make arrangements etc but have heard nothing. Only in the last few days maybe? But I'll cross that bridge if I come to it.

The judge said I'd get everything in writing from the court so I'll see what all that says first and report back.

Thanks for your help through all this. You've been an absolute star.

The only real threat that the judge made towards me was that if I failed to keep up with the agreement of payment then she would slam the CCJ on me.

She said the 28 days started from now (yesterday) for them to arrange the Tomlin. She did say to the Drydens rep that "they won't like a tomlin order". Presumably, they can't get their money back quickly this way.

The Dryden rep also said they would be seeking full costs (£1400 ish) and she said they needed to be pragmatic towards me when arranging the payment plan with me.

Hi all,

Had my day in court yesterday and it didn't go as planned. To cut a long story short, all my arguments were pretty much shut down by the judge.

The end result was the stay wasn't lifted and a tomlin order was placed on the debt. She instructed DRYDENS that this had to be arranged with me within 28 days.  She explained that as long as I stick to whatever is agreed then all is well. Obviously, I didn't want to pay a bean back but the Judge made her mind up. She also instructed Drydens that they needed to be pragmatic in what the arrangement of payment is with me.

She was very pleasant and it was all quite a pleasant experience apart from the result. One thing she did say was that I was given bad advice on not having a discussion with the Dryden representative before coming into court. This may be something worth noting as 'smiling and walking away' didn't work on this occasion.

So what happens now is the big question. 

These are the possibilities:

Speak to Drydens and arrange a settlement figure. Pay it. End of story.

Speak to Drydens and arrange monthly payments over a period of time.

Drydens may not agree with the court and refuse Tomlin order. If so the claim is stayed so does that put me back to square one? 

I'm just not quite sure how it all pans out from now.

The judge definitely was kind of on my side in not wanting to hit me with a ccj.

Should I contact Drydens or is it a 'ball in their court' scenario?

I just want to make sure I'm doing everything I should be but also hoping Drydens don't do what they're meant to do in the 28 days.

Presumably that will put me back to where I was.

cheers

Then what if they have applied to lift the stay and NOT given a reason for the delay on their application? 

Hi Andy,

It's for all of the above.

Oh sorry..again.

It seems like I'm constantly getting told off on here! I'm the naughty boy in class!

I thought you just joined in the conversation that you thought was relevant.

Hi folks,

My case has been stayed now for 3 years now until they applied for the lift. Surely the judge is going to question them as to why they've taken so long. I'm sure COVID will be an excuse or something.

I was just wondering. It states I have to file and serve my defence seven days before the hearing date. I'm emailing the court and also sending a copy recorded del to the court for belts and braces. Should I send a copy to Erudio too?

cheers

Hi folks,

My case has been stayed now for 3 years now until they applied for the lift. Surely the judge is going to question them as to why they've taken so long. I'm sure COVID will be an excuse or something.

I was just wondering. It states I have to file and serve my defence seven days before the hearing date. I'm emailing the court and also sending a copy recorded del to the court for belts and braces. Should I send a copy to Erudio too?

cheers

Hi

I'm sitting doing it now and getting it sent away over the next few days recorded delivery to the court and a copy to Dryens. I'm just going through each point on their witness statement. Pretty happy with it.

The more I read, the more confident I am. I think, judging by reading other posts that I've got them, on the original notice of assignment. They haven't supplied the SLC Notice or an original SLC termination letter. It's not supplied in their pack so they mustn't have it. They've just sent their 'made-up' ones. Presumably, as I've never responded to these, then I've had no dealings with them.

I'm just about to go through the BMW VS Hart defence. I remember you saying this is an HP loan and not applicable.

It all just seems to go around in circles on here. I've given up panicking about it.

I'm just going to push the sb'd defence as much as possible and keep my mouth shut. I'm not a lawyer and can only read up so much. 

I'll ring the court tomorrow to make sure I've done everything I should have. 

If I lose, I'll pay it within 30 days and that will be that.  It will sting for a few days, but I'll live.

Good evening,

I've been having a bit read-up about lifting stays and they mention that the claimant must give a reason for the delay in dealing with the claim.

As this has been stayed for nearly 4 years, I'm presuming this is something that I can mention in my defence? Surely this must be relevant. I can't see what reason they could give for taking so long.

I'm going to keep my witness statement as simple as possible using the SBd argument as my main defence. 

I'm going to ring the court on Monday to see exactly what form I need to fill in as I haven't been sent anything. I know I can print the NL22 form off but I'll double check with the court to make sure.

cheers

It would have been 2021-2022 as I only did a year at Uni. I'm the tender age of 47.