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Found 40 results

  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 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.
  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 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?
  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 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
  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 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
  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 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!
  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 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
  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 my claim? I have a current claim and am considering if to settle. But don't want to settle on any terms other than those suited to me....
  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 given (or may in future give) to you. does this then mean that if there is a dispute that LTSB cannot enforce to change the 'unsecured' to 'secured' via a CCJ ? then further down it states 'to be considered for a Lloyds Bank Gold Service Payment Card you must sign in the box below' this implies to me the A4 form is an application form and not an agreement, however in the signature box it refers to 'this is a Credit Agreement regulated by the CCA' has anyone else come across this? and what is the position. Thank You
  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 interest have been applied. I have sought meetings with Branch managers, been continually fobbed off, appointments made on bank holidays and on two occasions, people who stated they were the wrong people to see. I then decided on a letter only policy, my letters being passed on to Customer Service staff for reply. My questions are not answered and I am asked for duplicate information. All the time I am issued with threats. When the overdraft was cancelled on the joint account, I was forced to replace it with a Flexi Loan. Today went to check my SO and DD list on internet banking only to find that all my SOs and DDs had been cancelled by HSBC, without anyone having the decency to tell me!. I have not as yet taken any action regarding Interest and Charges, they must be considerable and I am using the Advanced Spreadsheet. Could any of your members advise me as to what I should now do?.
  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 sending me letters /statements and new Capital One cards to this my present address for nearly ten years. I had mentioned in my SAR that if they refused I would escalate this to the Information Commissioners Office & if my complaint is upheld they would d be liable to a £5000 fine. So looks like I may have to go ahead and fill out the complaint form. What do you think? By the way, I have copied all the letters they have sent in response, so quite a few documents including one that is lengthy and looks like they recently typed it up and claim that it is part of my CCA, which by the way they finally found a signed copy of and sent along with the lengthy so-called CCA Act1974 documents. Your help and assistance is greatly appreciated. Thank You p.s I forgot to mention the account was opened in 2004. Also. Does anyone know how to make the documents bigger? I saved them also in photbucket but got an error message when I tried to attach them from there. Thank You Hi, can some one take a closer look at these documents. I've tried to get them all scanned.There are more documents to upload, but need advice as no one seems to have responded. I've now attached the rest of the last 3 pages of the "so-called" terms and conditions that was sent with the letter and suddenly discovered signed "CCA". Please note, all 5 pages of the "CREDIT AGREEMENT REGULATED BY THE CONSUMER CREDIT ACT 1974" - Terms and Conditions, ALL have the SAME Page number at the bottom left hand corner and that is ' V10# '. CCA1.PDF SCAN0001.PDF SCAN0001q.PDF SCAN0001r.PDF SCAN0001s.PDF SCAN0001t.PDF
  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 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.
  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? 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
  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 I was paying them back doubled as they threatened to put a charge on my house. I agreed but then dropped it again, I did them them I was doing this and they havent contacted me to moan. Irwin mitchell did say that the would write off £11k of the loan if I paid the balance off straight away (seems that they can just chuck that away or is that the interest added to the account) I found this site and started reading peoples threads about unenforceable loans etc. I yesterday sent off my CCA requesting a copy of the loan agreement. Am I right in thinking that they have 12 (+2) to reply with a true copy of the loan agreement signed by me and if they don't the loan is enforceable. I have sent the CCA to Natwest not Irwin Mitchells as they have put in there letter that they are acting on behalf of them. i have also done the same with NatWest CC also. Have I done the right things sofar Thanks
  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. What do I do now; and if so how; do I begin to reclaim the charges. If I put the account into dispute can they default me. Suggestions would be appreciated. about where I go from here . Thanks for reading
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