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  1. Good Evening I'll try and keep this short. I have been successfully defending Court claims from Lowell's with the help of this group, they usually give up when it gets to the stage where the judge tells them to supply the court and me with my cpr requests or file a properly completed claim by a certain date or the case will be struck out. Today they have sent me a curve ball for their latest claim against me. They have sent me a Tomlin Order to sign. They have not supplied all of the information they were told to supply. I'm guessing its their last ditch go at trying to s
  2. I'm not sure if I am in the right area, but hope someone can re-assure us we are doing the right thing. I am a leaseholder in a block of retirement apartments. Two years ago, with 100% agreement of all leaseholders in the block (70) some residents acquired RTM and after lots of visits to other blocks, and doing all the checks they could, the RTM company employed a new MA. After 12 months they decided that these new MA's were actually worse than the original ones, so they terminated the agreement after 12 months by highlighting breaches, using a solicitor. They then employed another
  3. Hi, Im in the process of going to court with lowell for an old Argos debt. The hearing is next week, the 7th of June. I sent CCA and CPR requests in December last year and agreed to mediation. I got a reply stating that all paperwork would be sent to me just before court so couldn't sort things via mediation as I didn't have any details of the claim. In April I was sent copies of my signed agreement and statements of payments/purchases. A couple of weeks ago I was sent a copy of Lowells defence. I haven't received a copy of the default notice and in Lowells defence statement
  4. Hi guys, Mid February I was issued with a CCJ after moving house and not receiving the court documents. I have spoken to Citizen's advice who have discussed with me the possibility of a set aside and have sent me the court forms to fill in. I know that I need to act promptly and get this sent off but was waiting to speak to the claimant. I spoke with the claimant's Solicitors and we came to an arrangement for me to pay all money owed and for them to consent to set aside. They were very nice about this after speaking to them and hearing the issues I'd been dealing with and
  5. I agreed to a Tomlin order back in 2012 with an agreed payment of £50 per month. My solicitor recommended we agree, having nuked a couple of other credit card debts for me. One of the terms was a voluntary charging order which never happened, I sold the house in 2015, never even considering the Tomlin Order. I have been paying the £50 pm since inception(2012) and not heard a peep from anyone until this week when RobWay, the DCA have been texting me to call them. Is there anything they can do, given I am in rented housing, to vary the Tomlin order? It does say subject to 6
  6. Hi I signed a tomlin order to stay a ccj in 2013 ordered to pay £10 pm Which was with Llodys Bank I have adjusted amount to £5 pm as l didn't realise it had been sold to Moorcroft who are saying l have defaulted Can they enforce the Tomlin order which was with Lloyds Tia:|
  7. Hi all, Looking for some help regarding a Tomlin order. Does the Tomlin order need to be approved by the court? In other words, stamped, sealed or approved by them? I have one that is signed by myself and the solicitors but nobody else.
  8. Brief background summary. I had a loan with bank, defaulted and they got judgement and charging order. Took bank to court for PPI on the loan, got default judgement and warrant of execution. Bank applied to get judgement and warrant set aside. We reached a compromise that they would reduce balance of judgement and charging order and amend the same accordingly. They have since sold debt without reducing the balance or amending judgement or charging order. Whats the best way to handle this? can I claim damages? Thanks in advance.
  9. Hello All, I have been paying Restons on a Tomlin order £30 a month for the last few years and now is nearly up £87 left. However when they recently sent me last statement, i see that they have added two charges £80 and £60 for court fees and costs. This never actually went to court as i agreed to a tomlin order. Are they allowed to do this ? Also, My bank changed and all DD's closed, and the Restons one got deleted, whats the worst that can happen ? Will they simply write to me ? Thanks In Advance Q.
  10. Hi, I have a Tomlin order against myself. It was "agreed" literally just before a trial in the small claims track. The court itself had lost an application I had made, despite having the receipts to confirm delivery. As a result, my witness statement was potentially ruled inadmissible. I had started the claim for non-payment of an invoice for work I carried out. They put in a defence and counterclaim, which itself was late and I got a default judgement against them. They managed to get my default judgement set aside, by some fluke, even though they took two weeks to apply, didn't at
  11. Can anyone advise on such a TO: "all further proceedings between the parties be stayed on terms set out in this schedule (confidential between parties and shall not be kept on court files) - with liberty to apply as to the enforcement of those terms without the need to start a new action...." if defendant agrees not to disclose to any 3rd party the terms of the settlement - does this mean that if they sell the debt they wont disclose the TO to the 3rd party dca? And if they do sell a debt on am I bound by confidentiality on discussing the settlement terms and cant reinstate m
  12. I've actually put the whole question in the title. I am repaying a debt which went to court mediation and I signed a Tomlin agreement. Over a year later the DCA sold it to another DCA. For about a year the new DCA accepted my payments but are now writing/ attempting to phone/ wanting me to phone them, and saying there is not an agreement in place. I have written a letter of complaint, and am waiting their reply. But what is the LEGAL situation of my Tomlin agreement and the new DCA? Thank you
  13. Hello, I have a very quick question I was hoping someone could answer please. I have a Tomlin order which dictated I must pay monthly installments towards a debt by the 1st Day of each month. My job has changed and my payday has changed with it. I have altered my standing order for this payment and money will be transfered instantly on the 1st or the next working day. Let's assume the 1st falls on a SAT, then Monday is a bank hol. This means they won't receive payment until 4th day of the month. Is this ok for a Tomlin Order arrangement? As it is the next working day
  14. Hi all! Hope this is the right place for this question, i am hoping someone can help. I am a LIP (Defendant) as a LIP can i sign a Tomlin/consent order? Secondly who is responsible for paying the fee for this order? I understand the fee is £50. Any feedback would be much appreciated.
  15. I attended a hearing where the above was issued and the defendant failed to comply with it I phoned the court and they said I had to submit a form but did not know which Does anybody know which form should be lodged with the court
  16. Hi i would be grateful for any clarification other caggers can provide. LTSB Gold Service Payment application form circa 1990's. across the top of the application 'Lloyds Bank Gold Service Payment/Photo Card Application Form' underneath Credit agreement regulated by the Consumer Credit Act 1974. this is very confusing as part of the document states under 'Security' 'the overdraft facility made available under this agreement is unsecured and shall not be secured or treated as secured by virtue of any mortgage, charge or other security which i/we may have already give
  17. Hi to all who read this. This is my first post, prompted by yet another day of hassle from HSBC. Some 6 yrs ago, I opened 3 accounts, Business, Joint and Personal. All had small overdraft facilities. Within the last 3 years the Business and Joint accounts always in credit had, with no reason given their facilities withdrawn also my wifes credit card which she had never used. My personal account has varied from £20,00 credit to £2,200 in debit, facility lmit £1,500. Latterly the limit has been exceeded fairly regularly. Inevitably charges and inte
  18. I've recently completed payments for an agreed amount with a DCA on a debt that went to court and we decided upon a discounted payment schedule. The debt is finished as far as I am concerned but Im now wondering whether I can claim the historic PPI charges applied? If so, who do I apply to, is it the original lender or the DCA? If its the original lender is there any time limit issue because they haven't dealt with this for quite a few years.
  19. Hello, please could you read through the attached documents and let me know if the CCA is enforceable and also, what should d be my next step with Capital One stalling in providing me with the Information I requested using the Subject Access Request. They have used excuses starting with You haven’t paid the £10. I had and I wrote back to inform that I had proof. Then they wrote back to say: you haven’t signed (which I didn’t I used a printed signature on word) and that the address is different to that on our records. This is amazing because they have been send
  20. I have a question re the above, not sure if this is the correct place for a general question. Some years ago Cabot took my wife to court over a Barclaycard account, although there was no signed agreement, my wife and I disputed the amount, we were advised by the judge to enter into a Tomlin order agreement. We have been making regular payments on that ever since, making sure we don't default. It is my understanding that a Tomlin order is old fashioned and it has now been superceded by a IVA's. I further understand that these IVA's run for a maximum of 5
  21. Morning everyone, I have a Tomlin order relating to a debt. I'm happy to pay it back the case was complex and we would have probably lost at the time and it may have gone fast track which is never good on dodgy ground. The solicitor who set it up has now gone into administration, so the Claimant has issued a new solicitor to look after it. The problem is they now require payment to be sent to a different account. The account details are clearly laid out in the orders schedule so how do I stand? Do I require the new solicitors to issue a new schedule with updated payment account details?
  22. i signed a tomlin order in 2012 in my name. I was the executor of the estate and the debt was against the estate. I could not pay the claimant so he put a charge on my personal home and the estate. Can someone tell me if this is allowed the debt is against the estate not me personally. Has the claimant infringed my human rights?
  23. Hi quick bit of advice needed please. I agreed a full and final settlement with Bryan Carter solicitors acting for Lowell in Jan this year and paid the agreed amount set out in a Tomlin order. Today i have received a further demand for payment from Lowell on the same account for the difference between the amount claimed and the amount paid under the order. My understanding is the full and final settlement was just that and agreed by both parties in the signed Tomlin order. Is this Lowell trying it on ? Thanks for any advice
  24. Hi all No doubt this has already been spoken about on here, but I'm new. I took out a loan with NatWest some time ago, everytime I seemed to go into the bank they asked me to re-juggle things and pay off the other loan and take a new one out. All before 2007 I must add. I got divorced and since then found it difficult to pay it. Went the route of going through a Debt agency then started to do it myself a couple of years ago. Paid them a small amout each month. they then decided I wasn't paying enough and got Irwin Mitchell involved, the amout
  25. It would appear that I am one of many who have in the last couple of days have had a letter from Cabot relating to an old citi card debt. Citi were chasing me for this in 2006 and I was awaiting a phone call from their collections dept to discuss the debt then all of a sudden nothing more was heard ! I cannot afford to pay them this money now and they are charging 12% p a interest. I am busy trying to clear my credit record and repaying several old debts and cannot afford for them to put this into default now. A substantial part of this debt is charges.
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