Brits Recovery old stayed Court Claim - offering Tomlin Order - 2 days to go.

[Shanidev]

I had an old Credit card debt with Lloyds which I had to default on.

 

They sent default notice... I could pay anyway.

 

Then they sold the debt on and Claimants pressed on with Northampton Bulk Centre.

 

Lloyds never produced CCA agreement.

 

I asked for all the document and gave solicitors 14 days... no response.

 

Now, 10 months later their solicitor has sent a drafted Tomlins order offering to take £120 monthly which I can't afford.

 

Order is not signed by anyone.

 

Agreement just has my signature on the sheet with no other details and my details appear on a separate sheet.

 

And, the clowns have given me 2 days to accept it and are advising that I should accept this as I have no chance of court deciding in my favor.

 

Can they do this and if they can should I sign anything?

 

Thanks in anticipation of your valued input.

[Mike_hawk]

Shanidev

You answered your own question, you can't comply with the schedule........ ergo it will fail and [assuming the order is drafted correctly] it will be at liberty to apply for judgment. Should you sign? Only if you want to be on the receiving end of an application following failure.

[ukaviator]

A Tomlin Order is an agreement to pay or compromise a debt on revised terms from the original contract. Given that it is an Order of Court, it can only be made with the consent of both parties. Many civil disputes settle before they reach trial. When the parties reach settlement, the terms of the settlement are often set out in a “Tomlin order”, which is a document drafted, approved and signed by the parties to the dispute. The signed Tomlin order is then lodged with the court and the proceedings effectively come to an end.

 

It looks like the debt hasn't been sold on because the Northampton Bulk Centre is where you file court papers online. I would get onto Lloyds and ask them for all of the information they have on you regarding litigation.

 

Also fill in an income and expenditure form for the judge to read. National Debtline have a good one here:

 

http://www.nationaldebtline.co.uk/england_wales/budget_sheet.php?country=england_wales

 

As you don't have much time, get onto them today and see what has gone on. Meanwhile get your SAR from Lloyds to see if there are charges being or have been added to the account, you can claim those back. Did you have any PPI on the account?

[42man]

Is the case 'stayed' at the moment ?

[citizenB]

Are you able to say who the new owner/claimant is ?

[Shanidev]

42man said:

Is the case 'stayed' at the moment ?

 

Yes.

 

citizenB said:

Are you able to say who the new owner/claimant is ?

 

Britannica Recoveries purchased from them and Moorgate are the handling this account. What they have sent as the agreement is half A4 sheet with my name and address with credit limit stated as £4300 and ref. no. that I have no knowledge of. It only has my signature and date - no other signature. Then there is form that seems to be electronically completed (must have done it online). Statements they have sent are just for one year. BTW this is Credit card debt; would I do a SAR? Lloyds never replied to my CCA request at the time.

[citizenB]

I think you are possibly a bit late to do a Subject Access Request as it takes 40 calendar days.. if they even bother to comply. What bothers me is that this claim has been brought whilst LTSB were in default of your s78 request. ?

[Shanidev]

Well, it finally went to court. I chose not to be there; would have made no difference to the rubber stamping exercise. Anyway, I have been ordered to pay. Order dated 18th June and to be paid by 18th June. I can't pay anyway. What can I do?

 

Urgent advice needed, so please...

[citizenB]

I will flag your thread for advice.

[havinastella]

Why didn't you contest this????

[Shanidev]

They had the CCA and notice of assignment (It is not too difficult to forge them - cynical view, I know, but postmark is same regardless of the letterhead). Last time this was enough for the judge to rule against me and the barrister's fee was £1200 per day. I do not have much of a faith in courts as Litigant in Person. I could not bear the humiliation another time.

[citizenB]

N245 application to vary the judgment to monthly payment .

 

Shani,

 

Advice from andyorch.