Tomlin Order non - compliance

[Blossomandebony]

Hi,

 

I have settled my court claim against a financial institution via a Tomlin Order. The court gave the company 14 days to settle the claim with me. It's now 22 days past and they have not complied.

 

Does anyone know the next step? I presume it will be asking the court for an order to strike out their original defence and pay the full amount of the claim? Does anyone know for sure what to do? Thanks.

 

BAE

[creditcardmug]

an application to the court on form n244

[the_shadow]

Hi,

 

I have settled my court claim against a financial institution via a Tomlin Order. The court gave the company 14 days to settle the claim with me. It's now 22 days past and they have not complied.

 

Does anyone know the next step? I presume it will be asking the court for an order to strike out their original defence and pay the full amount of the claim? Does anyone know for sure what to do? Thanks.

 

BAE

 

Hi BAE,

 

If you and the defendant have agreed via a consent order/tomlin order then the agreement and terms have been laid out and sealed by a judge (did you receive notification from the court?).

 

As the terms have been agreed you would need to apply to the court that the terms are strictly enforced as per the consent order.

 

S.

[Blossomandebony]

Hi,

 

Thanks Creditcard Mug and the Shadow.

 

What would I put in the N244 order? Can I ask for the full amount of the claim as opposed to the Tomlin Order settlement figure? Or can I only ask for the Tomlin order to be enforced?

 

Also, how would I word it? For example:

 

I am asking for the Tomlin order to be set aside and the original claim be applied?

 

or

 

I am asking for an order that the defendant does comply with the Tomlin Order within 14 days. In default the defendant will be ordered to pay the full amount of the claim dated xxx plus costs incurred?

 

Any suggestions welcome - I know this is an unusual query!

 

BAE

[Blossomandebony]

And yes, Shadow, the court has a sealed order.

[Blossomandebony]

I think I need to enforce the Tomlin Order as I have found this information on a legal site:

 

What if the schedule is not complied with?

 

In the event of the scheduled terms being breached by either party, enforcement is a two-stage process.

 

The first step is to restored the claim under the 'liberty to apply' clause. Then the next step is to obtain an order compelling the other side to comply with the term(s) breached. Thereafter, if that order is itself breached, enforcement can follow in the usual way.

 

If anyone has any othert ideas, feel free!

 

BAE

[MARTIN3030]

What were the conditions set out in the Tomlin order ?

A Tomlin order should never be a consideration of the monetary side alone.

[Blossomandebony]

Thanks,Martin,

 

There are conditions about how the money is going to be paid to me, ie some by cheque, some to my account.

 

I know now that my next action is to enforce the Tomlin Order. I will be also asking for costs to be awarded if I have to attend a hearing or do any extra work from now.

 

BAE

[the_shadow]

Whilst I dont think its a pre-requisite because you already have a consent order that they should be abiding by I would be inclined to give them a chance to comply asap. Perhaps a letter giving them 7 days to comply? Also advising that if they dont comply you will apply to the courts for enforcement of the consent order and seek costs in doing so.

 

Just my opinion tho... always like to think a judge will come down harder on a party that has been warned.

 

In any event the text you put in there would need to be sufficient to set out the details of the order and how they have not complied as a N244 app, I would attach and refer to the consent order as your evidence.

 

S.

Edited November 30, 2010 by the_shadow
Some of my text went missing