Link CCJ now with added Tomlin Order! what to do?

[moneymeltdown]

I was advised to start a thread over here on CAG about my current situation.

 

 

I have already requested CCA from Link over two years ago (2008) and obviously no correct CCA paperwork could be supplied. I thought this particular problem had gone away ... until now!

 

Just before Christmas 2010, Link Financial issued CCJ proceedings against me for this alleged debt. I sent my court papers off disputing the debt etc and heard nothing back (except the acknowledgement of receipt by the court) until a few days ago when I received a 'Tomlin Order' from Link.

 

Does anyone have any advice on how to proceed with this, now that I have the added Tomlin Order,as I am sure Link do not have the correct CCA paperwork to enforce this alleged debt. I think it is highly unlikely they will be able to produce the correct paperwork at this stage either!

 

I do not wish to consent to the Tomlin Order as I wish to defend this CCJ.

 

Any advice much appreciated!

[payingonlyencouragesthem]

You need to find out if Link are still pursuing the case - call the court and see if the action has been stayed (you won't be told if it has you need to ask). If they are backing off obviously don't sign it. Have you been given a hearing date yet, who was the original creditor and how much is the debt for?

[sillygirl1]

You should ignore the Tomlin order and bring it to the judges attention at court, they are not happy with these orders being sent out at the moment.

 

Basically you can defend on the grounds that Link haven't complied with the CCA and therefore this is a vexatious and litigatious claim (use the Tomlin order as evidence) and should be thrown out. You should also state that by trying the Tomlin order Link are removing your legal right to defend yourself.

[moneymeltdown]

You should ignore the Tomlin order and bring it to the judges attention at court, they are not happy with these orders being sent out at the moment.

 

Basically you can defend on the grounds that Link haven't complied with the CCA and therefore this is a vexatious and litigatious claim (use the Tomlin order as evidence) and should be thrown out. You should also state that by trying the Tomlin order Link are removing your legal right to defend yourself.

 

Thankyou so much for your advice! I appreciate it

[moneymeltdown]

You need to find out if Link are still pursuing the case - call the court and see if the action has been stayed (you won't be told if it has you need to ask). If they are backing off obviously don't sign it. Have you been given a hearing date yet, who was the original creditor and how much is the debt for?

 

there is no hearing date yet, just my defence paperwork sent to and acknowledged by the court.

[moneymeltdown]

Would anyone out there be able to advise me - long story short here as the gory details of this case are too dull! - Link sucessfully obtained the Tomlin Order, I amde an offer of payment, subsequently couldn't pay. Link took me back to court and the court made a judgement that I should pay in full within 14 days. Obviously I couldn't so I sent back the N245 form offering a reduced payment.

 

Just heard back from the Court, my offer has been rejected and Link are seeking full payment of the debt within 14 days - HELP! what do you do if you can't pay the debt in full? Can anyone advise on what the next step is?

 

Thankyou so much

[payingonlyencouragesthem]

Tomlin Orders give the creditor an automatic CCJ if they are defaulted on, hence Link's unsurprising rejection of your offer. Are they asking for the payment of the full debt or the full debt minus the amount paid to date under the Tomlin Order? We would need to know this in order to advise options.

[moneymeltdown]

Tomlin Orders give the creditor an automatic CCJ if they are defaulted on, hence Link's unsurprising rejection of your offer. Are they asking for the payment of the full debt or the full debt minus the amount paid to date under the Tomlin Order? We would need to know this in order to advise options.

 

 

thankyou for replying! Link are demanding full payment of the whole debt now (which of course I can not do)

 

I am considering a writing to the court requesting a redetermination...

[sillygirl1]

You can do that and ask for a redetermination hearing on the original CCJ, there may be a load of flaws on the particulars you did not address and Link are known to go for the jugular.

 

This is why you should NOT sign a Tomlin order if you have other avenues to explore.

[Ganymede]

You should ignore the Tomlin order and bring it to the judges attention at court, they are not happy with these orders being sent out at the moment.

 

Basically you can defend on the grounds that Link haven't complied with the CCA and therefore this is a vexatious and litigatious claim (use the Tomlin order as evidence) and should be thrown out. You should also state that by trying the Tomlin order Link are removing your legal right to defend yourself.

 

 

What is wrong with a properly worded Tomlin Order?

 

From my experience DJs like it when the parties settle by consent and will always approve them. They save costs and ultimately the Courts time.

 

Signing a TO is voluntary so I don't think a DJ will be swayed by the 'it removed my legal right to defend the claim' line.

 

The problem now is the OP defaulted and the Claimant has a forthwith judgment. The OP needs to apply to vary to instalments to prevent enforcement of the CCJ.

[sillygirl1]

The trouble with Tomlin orders are that they are forcing somebody to commit to something that had it been properly legally assessed the liability could have been much less....

 

My own example is with a utility company trying for monies not owed by me on my new address, they wanted a Tomlin order, I said no and it went to court, result was they lost. Had I signed the Tomlin order I would have been paying for something that I was not liable for. Luckily I knew my rights and was not swayed by the decision to go to court.

[moneymeltdown]

The most frustrating thing about all of this is, I spoke to a solicitor recommended by someone on the CAG forum who told me (had he had enough time to properly defend this case) that he "would've slaughtered Link" in court .... Arghhhhhhh!

 

:-x:-x:-x:-x:-x:-x

[Ganymede]

The trouble with Tomlin orders are that they are forcing somebody to commit to something that had it been properly legally assessed the liability could have been much less....

 

My own example is with a utility company trying for monies not owed by me on my new address, they wanted a Tomlin order, I said no and it went to court, result was they lost. Had I signed the Tomlin order I would have been paying for something that I was not liable for. Luckily I knew my rights and was not swayed by the decision to go to court.

 

 

 

Nobody is 'forced' to signed a TO. If you don't want to you don't have to sign.

 

You did the right thing in not signing if the Claimant had no claim. However, they can be a very useful way to avoid a CCJ once proceedings have been issued if you think you may lose.

[moneymeltdown]

The trouble with Tomlin orders are that they are forcing somebody to commit to something that had it been properly legally assessed the liability could have been much less....

 

My own example is with a utility company trying for monies not owed by me on my new address, they wanted a Tomlin order, I said no and it went to court, result was they lost. Had I signed the Tomlin order I would have been paying for something that I was not liable for. Luckily I knew my rights and was not swayed by the decision to go to court.

 

yes I totally agree...the amount that Link are claiming appears to be ridiculously high plus all their court costs that are added!

I blame my total naivetey in actually agreeing to the Tomlin Order...silly me

[asokn]

Obviously experiences vary but Tomlin orders really aren't some sort of quasi-judgment cooked up by creditors to use when they can't prove their case. They are tremendously efficient ways of settling a claim on *agreed* terms.

 

A lot of people don't dispute their liability to pay but would prefer to avoid a CCJ. Tomlin orders are a good way of reaching that goal.

 

EDIT: As for the OP's query, apply for redetermination of the judgment. Beware however that this may be viewed as an attempt to deny the creditor its part of the bargain when it entered into a Tomlin order with you in the first place.

[Guest]

was it a forthwith j? technically, a 'redetermination' would not be applicable re a forthwith. as ganymede says, would need to apply for an instalment order. (or if the actual judgment is wrong, then set aside)

[payingonlyencouragesthem]

thankyou for replying! Link are demanding full payment of the whole debt now (which of course I can not do)

 

I am considering a writing to the court requesting a redetermination...

 

Can you post a full copy of the TO? From what you are saying it seems like they are trying to shaft you for the total alleged debt plus some or all of the legal costs that would have been payable had you lost the original dispute. Is this correct? We need to see if the TO implies you would be liable for this if you became unable to meet the repayments. This is important and may affect any redetermination decision.