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 MA who, after 12 months, appears to be extremely efficient etc. The problem we have is that the 'old' MA won't release our fund to the new MA. They promised on four occasions over a period of 5 months to hand over at the end of a month, and, to date, they have handed over approximately 30% of our funds. After 3 months, we employed a leasehold solicitor to chase the funds. We were informed that we had to know exactly how much they owed us, by virtue of audited accounts. As the MA would never issue bank statement, invoices or monthly financial updates, we cannot do this. So the legal advice was to go to court to obtain all the account documentation. This was set for a date 10 months after the contract was terminated. Two weeks before the hearing, and after yet another broken promise of transferring the funds, the MA wrote a 'without prejudice' letter saying they would hand all the funds and paperwork over but not until a week after the hearing, as it would take that long to produce the final accounts. Because of this, our solicitor advised us to adjourn the hearing as it would save the costs of going to Court. The RTM Company refused on the basis of all the previous broken promises. From that we had constant pressure from our solicitor, changing almost on a daily basis, to adjourn. These pressure varied right up to the fact that, in the solicitors opinion, the RTM Company would have to pay costs of both sides, amounting to a total of around £18,000 + VAT. There was also a request for £1,500 + VAT immediately for a barrister, suddenly required three days before the hearing. Never mentioned this before in the cost estimates. Our RTM Company was braver than I would have been - they believed that there was no way the judge would deem them unreasonable knowing all the broken promises they had received. So they still refused to adjourn the hearing. Then came a Tomlin Order, written by 'the other side', which offered all the paperwork we required, except Bank Statements and cheque books, if the hearing was adjourned. I understand from paperwork I have seen that the RTM Company still refused until a point where their own solicitor assured them that the accounts could be quantified without the Bank statements. so they agreed to accept the Tomlin Order and adjourn the hearing. Four days after the time limit set out in the Tomlin Order, some invoices and a ledger run off was received. There was also a copy of service charge accounts prepared by the company themselves, not by an accountant. on looking at these documents, half the invoices were missing and there was not information regarding income to the service charge account or the reserve funds. We are now up to date ..... Our solicitor is now telling us we need to go back to Court to ask the Court to order the MA to obey the Tomlin Order. The RTM has explained to the rest of us leaseholders that they are in dispute with the solicitor as they believe all this will do is allow the MA to break it again and again, and they would have to take it back to the Court time and time again. There seems to be no penalty on the MA for breaking what they believe was an official Court order. the solicitor ignores their request for an explanation, and continues to talk in language that doesn't mean anything (according to the RTM) The RTM is asking for support to change the solicitor at this stage. They want to take the MA to Court for theft as they say simply that it is our money and someone wont give it us back. They want to find a solicitor who would do this for us. A number of leaseholders (who as a reminder are retired) don't really understand what is happening and are extremely concerned and upset that for (now) 12 months we have not been able to correctly manage the block and it is beginning to look a mess, reducing the value of our flats. Can anyone please advise what they would do in our position?

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 scare me, they have 3 days left to supply the court with the information requested. Is it ok for me to ignore this letter? It's states that if I ignore this letter they will produce it at the hearing to prove that attendance costs could have been avoided. Thanks in advance.

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 why the debt wasn't originally paid. I have just received a document through the post from them but it is in fact a TOMLIN ORDER, although it does state it it that they wish for the CCJ to be set aside due to sending the forms to the wrong address. I am to sign to agree to the full payment and send back to the claimant. I have been looking up what a TO is, but all information seems to state that it is something used BEFORE a CCJ is issued so I'm just a little confused. If I send the signed TO back will the claimant and court then deal with it and I wait to hear from them? I think that's what it says on the document. Do I still need to send my own N forms to set aside to the courts as advised by citizens advice or does that not need to be done now the claimant is sending the TO themselves to the court? Also, I saw the below comment on another thread on this forum in which someone was able to get a set aside but only after initially being rejected. Is the following true and more likely to be set aside? "In hindsight and a better chance of having the consent order approved would have been to engage a solicitor to send it for you. The court can deal with consent orders as an administration process without involving a judge but that's only if both parties have legal rep." Very confused. Any help appreciated. Thank you

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 they state that they do not have a copy but can confirm that the original creditor has told them the date and they list it. Now I have received a Tomlin Order from Lowell and original debt of £255 is now £549 with interest, solicitors costs and the cost of the Tomlin order. My plan was to go to court and if judgement went against me then I would pay up on my Credit Card and pay it off over the next 2 months rather than deal with Lowells. Now I haven't a clue what is best, I've read a few posts and googled about Tomlin Orders but I don't fully understand it all. Would them not having a copy of the default notice help? Thanks

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 monthly reviews which have never happened. I haven't replied to them and clearly writing to me at my old address won't get a response. I'm living a hassle free life now, rebuilt my credit rating etc but don't want to get a CCJ as I would lose my job!

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:|

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.

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

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 attempt any form of emergency filing and the court didn't receive a fee nor a form from them. They were represented from the outset and I was a litigant in person. The job itself had an element of fraudulent misrepresentation to it (directors who were not directors, but were directors, the company having a parent company - used to bring us on board - that was not a parent company, claims of more work when there was none etc.). I decided not to pursue that at the time (which looking back now, was probably a mistake). Throughout the case, the other side made false declarations of truth and indeed, made evidence up long after (some 6 months after) the claims they made in their defence and counterclaim. However, on the day, they then brought up a technicality and to my horror, the court had no record of my application for relief from sanction! I have the receipts form the court and they lost it! This was fatal! This led to me having no choice but to sign a Tomlin order which was very one sided, even though their counterclaim was frivolous. We had a Barrister (direct access) who, as excited as he was originally (as far as he was concerned, it was not lose-able) literally flipped on a coin and exclaimed that I really didn't have much choice. So I sort of agreed!? The Tomlin schedule included confidentiality clauses and comment on opinion. Previously, I had alerted a number of people about the company and their practises and the Tomlin order required I remove those. So I did. It is all gone. Yet, they are now claiming some third party, who has never been part of the claim, the proceedings or anything else, has violated the order!?! Despite there being no relationship, no content, nothing. It is literally a random's twitter feed. They are also now claiming that the content that was there, is still there. They have provided the content without a date stamp. I suspect they have kept a copy on their own hard disks locally and are reprinting PDF's of the content. Hence, they are again fabricating evidence. This is a technical point, which is the concern my barrister had at the time. His view was the judge would not understand the technical aspects of our case and thus, would rule against me. Now, I've got content to prove their fabrication. I'm not too worried about it, since as long as I can present it to the judge, I am pretty sure we'll be fine and it will expose their lies too. This time I have a solicitor and due to these spurious allegations, it may well be I am going to be subject to an enforcement order and have to go to court (incurring more losses). They have been harassing me and my solicitor for the best part of 2 weeks to boot multiple times a day. I would really appreciate knowing what happens during such a hearing (indeed, I hope that we do get a hearing - I don't want them to apply "at liberty" and get an enforcement order with no notice to me). The fact we had to settle on a Tomlin, without payment of our outstanding debt, under duress, given that I didn't really consent in the regular way (the court ushers got us back into the court room before I said yes) meant the original evidence, which included their initial fabrication, was never heard. This has been their game all along. Never let the evidence be seen or heard. They can claim what they like. It is still on the court file and I still have a copy of the very large bundle (due to us having to rebut literally every single paragraph of their counterclaim and also rely on evidence to rebut every line of each of their witness statement, which contained what I can only describe as an organised, collective fraud). They are fabricating more now and I want to make sure the judge sees it this time as we now need to realistically consider criminal charges (though I appreciate such applications to the attorney general via the court are hard to achieve). I don't use these terms with the exact legal meaning, as they of course, have not been seen by a judge yet. Despite being in black and white. There is no ambiguity! They have been vexatious litigants all the way through this. Any advice will be gratefully received! What was the most obvious case, has turned into an unmitigated disaster! I am aware of case law around some evidence created long after the event in GB Holdings Ltd -v- Short [2015] EWHC 1378 (TCC) that might be applicable. Though of course, that was a much larger claim than a small claim. Thanks

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.

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.

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.

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?

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

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?

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 years, after which the account is deemed cleared. Is this correct, and if so does this apply to our Tomlin order? Just as an aside to this I heard on the radio last week that some people who had entered into an IVA and had paid for five years AND had received a final 'completion' letter from their creditor, found that if they had any sort of windfall (such as a PPI repayment) suddenly got a new demand for repayment even though they had a completion letter. It was thrown out by the court but they tried it on.

Can anyone advise me regarding a Tomlin Order

Hi a Tomlin order agreed and signed by claiments solicitor and selves failed to be sealed by the courts and returned to claiments solicitor.They failed to rectify and return it as requested by the court for sealaing and remains as such.Monies were paid by us and our part of the agreement was kept to time scale stated,but claiment delayed on their part..No funds or nerves to carry on with dispute. Part of agreement from claiment is still outstanding. Solicitor handling this stated at that time if any part of agreement failed we would be entittled to our payment back. This was a civil case involving property and uplift. Is this still a legal document or can this case be resumed at any time by either party.

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.

I got into problems with a credit card and ended up being taken to court by a DCA. A Tomlin order was agreed for me to pay a set monthly payment. I paid for several months until I became unable to afford to do so. This was two years ago and nobody has approached me to remonstrate. What is my position here and how long is the Tomlin order valid for ?

Hi there, I entered into a Tomlin Order with Arrow in Feb 2013. We agreed to a final settlement amount of £552.27 payable monthly at £15.34 starting on the 31st March 2013. I had a letter through after about 4 months saying I hadn't paid anything and we realised I hadn't put a reference number on the bank transfers, the amounts I had paid were found and put against my account. On Saturday I received a letter saying thst RMA Resolve are now managing my account on behalf of Arrow and if the balance is wrong or if I don't think the letter is for me to contact them. The balance wax £483.44 as at the 22/09/2014 I called my bank and they read out the dates that I had paid -18 payments in all. I called RMA and the nightmare begins. They have never heard of a Tomlin Order, they have been sent the account as Arrow say I have only paid £32 odd! I have to email the Tomlin to them (a trip to the local library as our scanner has packed up), email proof of payment (£5.00 for the bank to produce statements plus a 40min round walk to our local branch), then they will have a meeting about the best way forward! I called Arrow to be told nothing to do with them now. What can I claim back in compensation? The Tomlin says they should review every 6 months and they haven't but apart from this I have kept my side of the agreement. I have checked the accoun details and reference number of Arrow and it is all correct. Any advice? Thanks

I was 1 of 2 Defendants on a Tomlin Order which stated that the claim against me was to be dismissed and the 2nd Defendant was to pay the Claimant by installments. I know that if a party defaults on a Tomlin Order, the Claimant can simply continue the Claim where it left off. If the 2 Defendant defaults does this mean that the claim against me will no longer count as having been dismissed and I will have to fight the claim all over again?

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? If I stop payments to the one in the order I have broken its terms. I have been paying for we'll over a year and will continue to do so. Advice would be appreciated. Thanks Mr P

I had a loan from Black Horse back in 2007, I got in to difficulty pretty quickly as my bonus got unexpectably cut. I made an arrangement and kept this up until I was made redundant in May 2009. Since then on and off I have been making payments. My account was passed to Ascent early 2012 and I made an arrangement to pay £50.00 per month. At this time I had once again been made redundant and was living off my redundancy. I managed to keep this up until Nov 2012 when the money ran out. I had a conversation with Ascent where i assertained that my £50 was being swalled by at least £80.00 worth of charges and interest per month. On Nov 23rd I wrote to black Horse and made a subject to access request. I wanted to see if I could get some of the charges back and the interest frozen. They responded on jan 16th. It took a while to get all the info together and I had just started a new job I responded on Feb 10th asking them to refund charges which I'd calculated and freeze interest. I also included income/expenditure details and offered a token payment of £10 per month until I was back on my feet. I did not receive a response to this letter, it was sent recorded. April 7th I sent another letter and inc a copy of my Feb letter and again no response. 3 weeks ago I signed up with noodle and checked my credit file- Black Horse or rather Ascent have issued a defualt notice and a CCJ at my previous address, this was done on Jan 31st even though they had my new address in November but I think even earlier than that. I contacted Ascent and they said they werent sure why it had happened and they would look into and call me within the week, 2 weeks passed and nothing I called them, they said they would called me back in ten minutes after a week nothing today I called again. Took ages to get through and then the person on the phone said 'would it be ok to call you back' and I said actually no way! v v long convo which went nowhere. Manager called me this evening and all she is saying is they will set aside CCJ on previous address and reissue on my current address. This isnt acceptable to me for the following reasons: - They had my current address and had written to me so why did they sent to previous address? She tried to say they're allowed to send to my last known address but that wasnt my last known address - I could not off a defence because of course I did not receive the paper work - I was waiting for a response from Black Horse, which I still have not received, it was not as if I was ignoring the matter. BH also sent Ascent my february letter but neither responded - I dispute the default being dated 2013 because this account actually defaulted in 2008/2009. The fact that Black Horse chose not to apply the default at that time is not my fault. Furthermore I did not receive the default notice as this was also sent to my previous address - Ascent are trying to say it doesnt matter because the fact remains I havent made a payment since Nov I have been writing to BH and they have been ignoring my letters. I did make an offer of a token payment and if this was not acceptable they could've come back and discussed. I think Ascent have sent the paperwork to my previous address on purpose. I need to try and sort this out! Next year apart from this I am clear!!! I cant start this 6 year sentance again. Please help!

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