Tomlin Agreement

[Ivan56]

After major trauma and ending up in debt I am in the process of sorting myself out. I have requested CCA's from DCA's and when recieved have arrange suitable repayments. However one slipped through and got as far as a summons, I defended by requesting a CCA, the summmons was stopped about 6 weeks ago and I have recieved the agreement.

 

The DCA now wants me to sign a Tomlin agreement, i have looked round and dont seem tunderstand what it really is. does someone know of a "Tomlin agreement for Dummies"?

 

Also can I still make a PPI claim on this?

 

Thanks in advance

[Happyhippy1959]

Firstly, yes you can reclaim the PPI, NOW as far as I am aware and others will be a long to confirm or change a tomlin agreement stops short of court but it is an agreement with the creditor backed up I think with the courts approval of a voluntary agreement to pay back the amount you say you owe and at a rate acceptable to all sides. Now not only should you be reclaiming your PPI with interest but also other charges on the account. This will knock a good sum of the outstanding. But remember do this before an agreement is in place. So at the moment tell them you are seeking advice and will be claiming back PPI and Charges... They will probably give it some hot air and wind but that should hold them.

[citizenB]

If there is mis sold PPI, then any claim they are making against you is inaccurate .. so yes you should bring the PPI into the equasion.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?357117-Tomlin-Order

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?342714-Tomlin-Order-Questions

 

http://en.wikipedia.org/wiki/Tomlin_order

[Ivan56]

So should I use one of these poi companies or is an SAR recommended to establish charges and PPI

[citizenB]

So should I use one of these poi companies or is an SAR recommended to establish charges and PPI

 

 

You certainly do NOT want to use a PPI Claim company.. this is something you can do yourself and for free !!

 

Is this a loan agreement or a credit card? If a credit card, you will need statements - you can obtain these by way of Subject Access Request. there is a draft letter in the CAG library. You will need to enclose £10.00 with the SAR request and they have 40 calendar days to comply.

 

Once you have those you will need a spread sheet. You will find one of those..

 

HERE

 

You will find other information of value in the stikkies

 

HERE

 

Once you have your statements and have completed your spread sheet. You will need to download the FOS form from their website. Then send the whole package (take copies first) to the Original creditor

 

HTH

[Ivan56]

Thanks I will do that I really appreciate the help

[Ivan56]

Does the SAR need to be sent to the DCA, the original creditor, or both?

[daverules]

SAR to original creditor.

[Ivan56]

Sorry if I sound thick here. I am not sure who the original creditor was, so should I ask for address details from the DCA. And do I have to tell the DCA that I am doing a SAR

[citizenB]

Sorry if I sound thick here. I am not sure who the original creditor was, so should I ask for address details from the DCA. And do I have to tell the DCA that I am doing a SAR

 

 

Hmmm,

 

When the claim was issued who was the claimant ?

 

On the claim form, it should have advised if they were the assignees of a debt and from whom.

 

You say that you received a copy of the agreement for this debt? What is the name of the company on the agreement ?? They would have been the Original Creditor !

[Ivan56]

It is a virgin credit card through MBNA

[citizenB]

Then you will send your Subject Access Request to MBNA.

 

Their Head office address is..

 

MBNA Europe Bank Limited,

Registered Office:

Stansfield House,

Chester Business Park,

Chester,

CH4 9QQ.

[Ivan56]

Thanks that is helpful so do I copy the

DCA in or do I advise that a SAR has been made?

[citizenB]

Thanks that is helpful so do I copy the

DCA in or do I advise that a SAR has been made?

 

You should be sending the SAR to MBNA as a matter of urgency - they have 40 calendar days to comply.

 

Meanwhile, with regard to the DCA/Claimant. You are delaying the Tomlin order whilst waiting on the response from MBNA.. so I guess you need to let them know why.

 

Hold off sending anything to the DCA/Claimant for the moment - I will alert site team for some input because you will need to let them know why you havent signed the Tomlin order yet.

[Ivan56]

Thank you very much for your help

[citizenB]

[BRIGADIER2JCS]

What exactly is the Content of the Tomlin order, I have

helped with many of these?

[Ivan56]

I will post up details of the tomlin tomorrow the letter is at work

[BRIGADIER2JCS]

I will post up details of the tomlin tomorrow the letter is at work

 

Thanks it will assist in us advising.

[Ivan56]

Here is the Tomlin agreement typed up, the £AMOUNT CLAIMED is what they are claiming which is made up of the Principal, Summons Fee, Statutory Interest at Claim and Statutory Interest Claim today.

 

I have sent SAR to MBNA, what do I say to the DCA and will this hold action until MBNA have responded?

 

 

DCA

 

 

V

 

 

IVAN56

 

 

 

TOMLIN ORDER

 

 

BY CONSENT It is ordered that all further proceedings against the Defendant herein be stayed upon the terms set out in the schedule hereto save for the purpose of enforcing the said terms with liberty to apply for such purpose.

Schedule

1 The Defendant do pay to the claimant the sum of £AMOUNT CLAIMED (inclusive of costs and interest) by XX equal monthly instalments of £X.XX and one final instalment of £X.XX, the first to be paid on or before the last day of July 2012 and the second and each subsequent instalment to be paid on or before the last day of each consecutive month thereafter.

2 The aforesaid payment of £ AMOUNT CLAIMED is to be in full and final satisfaction of the Claimants claim against the Defendant in this action.

3 In the event of the whole or any part of the aforesaid instalments being unpaid upon its due date the Claimant shall be at liberty to enter judgement against the Defendant for the said sum of £AMOUNT CLAIMED or such part of that sum as shall then remain outstanding

 

4 The parties at all times keep this agreement and its terms strictly confidential to themselves and for their legal advisors and shall not disclose, cause to be disclosed, permit or otherwise allow to be disclosed to any other third party any information relating to this agreement and its terms save as otherwise agreed between the parties.

 

Dated this day of July 2012

[BRIGADIER2JCS]

OK, it's a standard consent order, it means that

if you accept the conditions and stick to them no

judgment (CCJ) will be made.

 

Another benefit is if the payment terms are reasonable

and affordable the set up a standing order for the payment

and you will be left alone.

 

See if your SAR produces anything useful, then decide about

the order.

[citizenB]

If you are happy with the content of the order, then accept. But still go ahead with any PPI claim, which you can then use to pay any balance.