Link Financial Debt and Tomlin Order

[ally500]

Hi there, i have just found this site, really hope someone on here will be able to help with my situation! I stupidly purchased a timeshare in florida in 2009, with Tempus Resort, after reading the small print and noticing i had been lied to and conned i cancelled my agreement within the 10 day cancellation period. However, i did not send this letter by registered mail, so, surprise surprise they did not recieve it. I have no proof that i sent this letter. I sent numerous letters and was basically ignored. As a result i have refused to pay towards this purchase, my debt was sent onto GE money and is now with Link Financial and i continued my refusal to pay. Link have now sent me a Tomlin Order which i have said that i would be willing to pay just to get them off my back, however they also want me to sign a voluntary restriction......i am not prepared to do this as i do not want them to touch my property! I could afford to pay this debt (monthly, in very small payments), however, i refuse to due to the lies i was told and the fact that i tried to cancel my purchase!

Basically the latest letter i have recieved is them telling me this will be a fast track trial and they will seek a CCJ for the sum in question (approx £16000 + interest + legal costs). and then get permission from the courts for a charging order to be made against my property. Can they do this?? Even though my original loan was unsecure?

 

I have since looked on the Tempus resort complaints site, complaints.com and seen numerous posts from people who have got into the exact situation, a large number of people infact (started a pertition type forum) . I just do not know what to do, the stress of life itself is enough without this on my shoulders any advice would be greatly appreciated

[ims21]

Hi

 

I've merged your two identical posts, moved your thread to Legal Issues (in view of the Tomlin Order) and changed the title slightly.

 

The guys will be happy to advise as soon as they are available

[asokn]

a fast track trial and they will seek a CCJ for the sum in question (approx £16000 + interest + legal costs). and then get permission from the courts for a charging order to be made against my property. Can they do this?? Even though my original loan was unsecured

 

Indeed they can; see Part 73 of the CPR. Basically they are proposing to short circuit the court process to save time and costs.

[ally500]

Thank you for your comment. What would you reccommend then? Is it a no win situation? Do i stand a chance in court with no evidence If i sign the voluntary restriction and make the small monthly payments do they then have a hold over my property and coan force me to sell it anyway?

[asokn]

I wouldn't want to give you any advice about the merits of defending the claim, I would suggest you see a solicitor for an initial consultation so that they can see all of the documents and understand the detail of the case.

 

As for selling the property, it all depends on the terms of the restriction. It can be on terms that it is not to be enforced so long as payments are maintained which obviously gives you some security. As it is a voluntary restriction you have some flexibility to negotiate terms. Beware that however it is certainly possible for a restriction to be arranged in such a way that an application to court to force a sale can be made, although these are very rarely granted.

[ally500]

Thank you so much for your comments i really appreciate this. I am stressing so much and just do not know what to do. Link Financial basically sent me the paperwork for land registry (it didnt explain to me what it was, no details whatsoever) so i think i will contact them and ask for a copy of the agreement in full. If they cannot force me to sell my property then i guess this is probably my best option. If i get a CCJ ...do you know if they will then look at my income/ outgoings etc and take as much as i can afford? Or will they allow small monthly payments? (And take into account that i have to pay to live also?!) Thank you again.

[asokn]

If i get a CCJ ...do you know if they will then look at my income/ outgoings etc and take as much as i can afford? Or will they allow small monthly payments? (And take into account that i have to pay to live also?!) Thank you again.

 

The court can determine a reasonable payment but, and this is critical, the court will assess what is reasonable balancing the interests of both parties so if the CCJ is for £16,000 and you offer £5 per month, even if that is all you can afford, don't be surprised if the court just orders payment forthwith rather than setting an instalment plan at all.

[ally500]

Sorry by forthwith...do you mean pay all of the money upfront??

[consumeredge]

I would suggest you first write and ask for a draft of the proposed Tomlin Order for your consideration, it is not an admission or a commitment to anything, just examing the terms and conditions. Head your letter "Without Prejudice"

[ally500]

Ok, I will do this and post back with the outcome as soon as i know, i may need more advise then! Thank you

[asokn]

Sorry by forthwith...do you mean pay all of the money upfront??

 

Yes, that's just one possibility.

[LarissaJ]

Quick question. Do they still claim that you own the timeshare in question and would you be able to use it? If they didn't receive notice of your cancellation and are prepared to go to court to get the money, do you get the timeshare, or was it all a complete con from day one?

[ally500]

Hi i just spoke to Link and they are going to send out the terms and conditions of the Tomlin order and voluntary restriction. He explained that they would not force me to sell my property if the monthly payments are made on time etc, however if i was to sell my property in the mean time (21 years) then they would take what i owe from the sum made on my property. In answer to your question...The timeshare became dafault when the debt was sold on to GE money, therefore no i would not be able to use it. The timeshares do actually exist, however, so many lies are told about the deal (obviously making it sound amazing!) that people are still purchasing them, by the time they've read the small print its too late to get out! Or in my case you try to cancel and they dont receive the letter! There is a site full of complaints towards this resort.

[ally500]

Oh well i have received the terms and conditions from Link not in the most professional format (just a simple letter). They basically say that as long as the debt is paid monthly they will not force me to sell my property, i am being asked to pay £60 for 21 years. I think i will just have to do this, if it saves me being black listed etc. Unfortunately i cannot afford court fees to follow through with complaints as if i dont win it will cost me a lot of money upfront. Well thank you all for your help anyway.

[ally500]

Would anyone strongly advise that i do not sign the Tomlin order and voluntary restriction??

[ally500]

Guess i will sign it when it arrives tomorrow then ;(