Charging order - Now trying for orders of sale - old CARCRAFT DEBT - HELP

[Cadbury1879]

Well Done, very stressfull scenario.

We've been to C/o hearing, lots of relieve afterwards I bet.

These creditors are a disgrace though, putting you all through that, OFS for a relatively small amount.

Is this the signs of things to come, I hope not.

Very best of luck for the future, and I would write to your MP. This behaviour by the creditor is not right.

All the best

Cad

[Dot1]

Well done and at least that is out of the way. You can concentrate on other things now.

All the best.

Dot

[caro]

Just remember that it's vital that you stick exactly to the order. Some will even try and come back for a second go if you pay every month, but a few days late, so watch your back.

 

Well done though Hidden-man. Good result.

[ukaviator]

Well done Hidden Man. Not a bad result the costs side worrued me a bit, but a reduction is better than the whole amount. Please make sure you pay the instalments on time, you will not get another chance. Stick to your budget sheet , trim back where you can and get this debt rid of once and for all. Glad it all worked out.

[Hidden-man]

Just remember that it's vital that you stick exactly to the order. Some will even try and come back for a second go if you pay every month, but a few days late, so watch your back.

Thats the main reason I wanted to bit adding into the order about all other action stayed. Even their solicitor said it looked like they had made mistakes in the past and to keep hold of the order when it comes through so if they try anything in future I can send it back to them.It's a massive relief but was absolutely cream crackered last night.I've emailed them this morning asking for full contact and bank details of where payments should go. Told them I will set up a standing order and if its not going to be in place this month (due to payment being required on 25th) I will make card payment. Just waiting for their response now then I can set it up.

[Hidden-man]

Further developments - I've received an email back from them with a "Tomlin Order" attached. The wording on this differs to the wording that was agreed and put before the judge yesterday. There is a sheet they want me to sign and return which I'm not going to. I intend to raise this with them and will not sign anything. I will set up the standing order, make sure payments are made and await the order from the court.

[42man]

Very sneaky of them to do this.....especially so as the judge didn't state anything about a Tomlin order....!!

[Hidden-man]

The phrase 'tomlin order' was used but can't remember if it was by their solicitor or the judge. The wording on the order they sent through is definately different to what was written on the draft order which was given to the judge. What is a tomlin order ?

[Ganymede]

Ignore it.

 

Await the judgment and stick to that.

[Hidden-man]

Just spoken to the court who read out the order which has been sent in todays post. The wording matches what was agreed and the chap confirmed that is the order to abide by. I asked if I should bring this to the courts attention and he said i could write in and it we put back back in front of the judge. I asked about making a complaint and he suggested it would be worth taking legal advice. At the very least I'm considering making a formal complaint to solicitors governing body whoever that is.

[ukaviator]

A Tomlin Order stays a claim on agreed terms that are set out in a schedule to the court order, which remains confidential between the parties and brings the disputes between the parties and the litigation to an end other than for the purpose of enforcement proceedings, if they are required. The terms of settlement are thus set out in a confidential schedule to the order.If that has been agreed then you must stick to it.

[Hidden-man]

I'm happy to stick to the order and wording agreed in court. What they have sent differs in the actual wording. Instead of signing the agreement they have sent I will notify them of the disprency and scan / include a copy of the actual order. I will post both on here for further guidance though before responding.

[Cadbury1879]

Tomlin orders are mostly used as a agreement to avoid a CCJ. This is were the name comes from, as some professions do not allow a CCJ & continue in that employment.

I have Tomlin Order, and basically it means that I pay x a month. If I do not comply the CCJ becomes almost impossible to stop. I have never heard of this for an OFS.

I would would not sign a Tomlin Order in connection with a OFS.This DCA are very very aggressive and go outside the normal boundaries and seem to use extremely sneaky tactics to intimidate. Take asuch advice as possible.

Makes me wonder though, how many people who have not taken advice on CAG or elsewhere, lives have been destroyed by these collection activities.

Cad

[Hidden-man]

The court has arrived and no mention of a 'tomlin order'. I will post the order and the order they want me to sign. I can probably ignore theirs but think I want to raise their behavior so I have a trail of their practices in case they try anything in the future.

[Hidden-man]

I've attached the order from the court and the documents that the claimants want me to sign. Now I've looked at them together the wording is not a million miles off, however it has changed and I'm not sure if this is to make it to the claimants advantage. Also if they are issuing an order which was not ordered by the court then I want to complain about this tactic. I've looked and they are members of the CSA, however I can find not reference to them with the solicitors regulation body. The csa website says they are a trade association and not a regulatory body. So who would regulate their activites ???

CO 01.pdf

TO 01.pdf

[Ell-enn]

Well for a start the payment terms are wrong - the court order states £25.00 per month from 25 January until 25 June then £65.00 per month thereafter. The Tomlin order states £65.00 per month from 31st January !

[Hidden-man]

Doh ! I'd not even picked up on that, it was the first part I had noticed they had changed. It was agreed with the solicitor to include the phrase regarding 'all other civil or insolvency proceedings'.So what would be the best way to approach this. I'm guessing I need to raise a formal complaint with them regarding the changes they are trying to get me to agree to and so first stsge would be to ask for a copy of their complaints procedure ?Are there any regulatory bodies I can make a complaint to or do I just complain to the OFT ? Do I make the court aware and would this be considered a breach of the order by them either because they have re-worded ? Are they relying on my lack of legal understanding to intimidate me to sign and thereby agree to different terms than agreed ? Would they be in breach of the order by trying to enforce new terms on me ?

Edited January 13, 2012 by Hidden-man

[Cadbury1879]

Also it states that if default occurs the full amount claimed, not the amount outstanding at this time!

[Ell-enn]

I would write to the court enclosing a copy of that Tomlin order and also a copy of the judgement, the judge may decide to have the solicitors in for questioning to see how they explain trying to alter what he ordered !

[Hidden-man]

I suspect they would claim 'an administrative error' which is what they submitted as evidence on the first stat demand hearing they failed to attend. That being the case would it be worth sending the email from 2007, detailing that I had been assured the account was on hold, the witness statement where they claim admin errors for other dscrepencied, also that they failed to attend stat demand hearing in 2007. From there point out that I don't believe it to be administrative errors and that I belive it to be genuine attempts to bypass correct procedure, intented to intimidate and an attempt to enfore their own judgement and not the courts.If thats going to far let me know.

Edited January 13, 2012 by Hidden-man

[Hidden-man]

Started working on the letter to the court and a bit unsure how to proceed. Do I just question their order against the courts order or do I list previous errors they have made ? Also do I request a copy of their own complaints procedure and make a formal complaint to them as well ?

[citizenB]

I think you would just need to point out the errors that have been made within the TO itself, and ask if they can be corrected.

 

I will flag your query for Ellen :

[Ell-enn]

You should state that they have sent you a Tomlin order which contains different conditions to that ordered by the court, i.e. amount of payment and date due - enclose a photocopy of the Tomlin and use a highlighter pen to show the differences - also enclose a copy of the Court Order. Make sure you write your name and Case number on the top of the Tomlin.

 

If you want to post up what you have written so far we can advise if ok.

[Hidden-man]

Apologies for the delay in responding. Unfortunately a family emergency has cropped up which has meant I have been unable to concentrate on this as much as I would have liked. To ensure that no misunderstanding would occur in the future I emailed the company and told them I wouldn't be signing as I disputed their terms and it was not as ordered by the court. I got an answer back saying they weren't trying to impose new terms they had sent through as it contained the payment details I had requested. I was going to write to the court but the current situation has drained me completely and I don't have the mental, emotional orf physical energy to carry on fighting at the minute. I've saved the emails so if they do try an enforce their order in the future I have evidence noting my dispute and them advising they are not trying to enforce / impse new terms.I would like to thank you all once again for all your help and support with regards to challenging the order.

[caro]

Sorry to hear you have more problems hidden-man.

 

Just make sure that you get the order from the court and meet the terms of the actual order and you should be ok.