Bank breached tomlin order**Resolved**

[AndyOrch]

"Took bank to court for PPI on the loan, got default judgement and warrant of execution. Bank applied to get judgement and warrant set aside."

 

Ok just referring back and see the confusion

 

You issued a claim and you got a judgment and tried to execute it.

The creditor issued a claim also (before or after yours?)

 

Parties agreed by Consent (as posted) if you set a side your judgment/warrant they will amend theirs but still requested judgment/charging order without your knowledge

 

Correct so far?

[why-not-me]

LOL thanks Andy - Your right, I should have had it checked over but I got caught up in the whole quick fire negotiation process via email about two days before their set-aside hearing (and it was a pleasure to watch them crumble). I wish I could post emails, they are quite comical.

 

Hi Surfer01, I would rather not help the DCA or OC anymore than I am required too. The DCA owning the debt suits me - I just want to pay it off, this situation may allow me to pay it off and get the CO and maybe even the original CCJ set aside (fingers crossed).

[why-not-me]

"Took bank to court for PPI on the loan, got default judgement and warrant of execution. Bank applied to get judgement and warrant set aside."

 

Ok just referring back and see the confusion

 

You issued a claim and you got a judgment and tried to execute it.

The creditor issued a claim also (before or after yours?)

 

Parties agreed by Consent (as posted) if you set a side your judgment/warrant they will amend theirs but still requested judgment/charging order without your knowledge

 

Correct so far?

 

No, they took me to court and got a CCJ and CO over debt.

 

I then took them to Court for PPI on that debt. I got CCJ and warrant against them, they tried to get CCJ and warrant set aside. We agreed Tomlin order described above before hearing for set aside of CCJ and warrant.

[AndyOrch]

Okay slowly unravelling.......

 

So you never defended their claim?...it was a default judgment and then secured by a charging order.

You then issued your claim got a default judgment and warrant of execution.

 

They talked you into a consent promising to reduce their judgment by the amount of your judgment.....which failed to materialise .

 

OC now sold judgment debt to parasite who wants the whole original amount.

 

 

Soooooo you now need to make application to set a side their judgment on the basis that they never honoured the consent.(you have proof of this a copy of the N24 with the original amount claimed and no other N24 showing a revised judgment amount?

 

I assume your judgment against them was set a side ?

 

Regards

 

Andy

[why-not-me]

I think its best if I give you a little background to this saga:

 

1. I fell into debt, I was on a good salary etc but over stretched myself (hold my hands up it was my fault, credit was so easy for me to get ).

 

2. The bank took me to court, I was scared and begged them not to give me CCJ ( I didn't check anything I just wanted to avoid CCJ).

 

3. Bank made me sign Tomlin order to pay regular amount, they added term that gave them judgement if I ever defaulted (in hind sight it was a deadly trap, but I was scared so I signed).

 

4. About 3 or 4 years later I had a mini break down and missed a payment next thing I had CCJ and the CO (lucky property was in joint names so CO is not really worth the paper its written on).

 

5. Found out about all this PPI stuff and decided to go for it to see if I could reduce debt so maybe I could offer a full and final settlement.

 

6. I took them to court and got judgment by default and then got a warrant of execution.

 

7. After bailiff visit they made an application to set aside my CCJ and warrant against them.

 

8. We agreed Tomlin order, Court sealed the agreement.

 

9. They have sold debt without abiding by terms of Tomlin order described earlier in this thread.

 

Does that help?

Edited January 26, 2017 by dx100uk

[AndyOrch]

Very much so.... its important to start your thread with all the details...we can only interpret from what you state.

 

Okay so the query here is the amount outstanding...the only evidence that its not been adjusted is by way of what new parasite has requested?

 

Have you checked the judgment amount after consent?

http://www.trustonline.org.uk/

 

Have you asked the court if the original judgment was adjusted...you should have received a new N24 General Order after the consent was sealed?

[why-not-me]

OK thanks Andy I will remember that.

 

No,

I have also checked my experian and noddle credit reports (I check them regularly) and they both show CCJ and CO with old balance.

Is the trustonline more accurate than these two?

Also the OC in response to my complaint has confirmed the balance.

 

I am 100% sure that I have never received anything to do with the original judgement they got against me.

 

 

I don't think they would have done it. I had to remind them about my costs about 3 weeks after the Tomlin order was sealed so they started breaching the order for day dot , that reminds me;

 

During the negotiations they where adamant that they would not pay my costs.

They really started sweating when I said that PPI was not optional and that the agreement may be unenforceable.

 

 

It was great, they wrote back a harsh email telling me I didn't have two legs to stand on and that the documentation for loan clearly said it was optional, no one had ever won in Court using that argument and blah blah blah.

 

I wrote back simply stating, that's funny because no where in any of the documentation is the word optional ever used.

They promptly wrote back and agreed to pay my costs

[AndyOrch]

The only way forward with this as I see it is to threaten to reopen the claims...yours and theirs.I would write to the OC stating that their assignee is requesting the original amount...the balance was never reduced...forget your original costs as the schedule state no order for costs but you want costs thereafter.

 

Unless any others can advise different.

 

Regards

 

Andy

[why-not-me]

Thanks Andy. They have paid my costs it was a term in the schedule, I just had to remind them.

 

I was thinking about applying to set aside the Tomlin order and then suing them for damages for breach of contract.

 

 

I think I can show financial harm as I am unable to pay debt while DCA has wrong balance so can't get CCJ marked as satisfied and therefore can't move mortgages (can't get a better interest rate)

 

 

- I have been told by lenders that only satisfied CCJ's will be acceptable.

 

 

Fortunately this CCJ and CO is are the only adverse items at present on my credit file.

[AndyOrch]

Following the consent order being perfected, the court has no power to vary it.Whenever a party wishes to challenge a judgment or order that has the effect of finally disposing of the issues between the parties, the only available ways to achieve that result are to bring an appeal from judgment or order or to bring fresh proceedings to set it aside.

 

This is done by making application using the N244.....but as already stated sometimes you only need to put the claimant on notice to achieve the desired result.

Rather than actually going a head making that application...they may just agree without further court involvement.

[why-not-me]

Ok, I have received the letter below following my email to customer services. I thought they would hand over to their legal department but they are treating it as a complaint.

 

 

 

[AndyOrch]

Dont accept or sign the ex gratia until they have adjusted the balance and you are happy to proceed....well done.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy

[why-not-me]

Thanks in advance for your advice.

 

I have a tomlin order for bank to refund PPI and reduce balance, OC sold debt without reducing balance - new owner claiming old amount. I told them they had breach tomlin order and asked them to contact me so we could resolve the issue.

 

New owner then sends me an updated statement showing correct balance and a transfer into my account; they claim this is PPI payment form OC.

 

Can they do this? did they have a right to pay new owner without my say so? can i treat payment as gift?

[dx100uk]

no

name names

[dx100uk]

is this:

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?415340-Bank-breached-tomlin-order**Resolved**

[why-not-me]

Yes it is - good spot.

 

Bloody new creditor started order for sale... just came from court.. they got postponed order for sale.

 

Can anyone advise if they are allowed to do what they did re PPI refund - thats is paying directly to new creditor ? I want/have to pay debt but hope to reduce it as much as possible if I can.

[dx100uk]

well no the OC cant off set to a debt buyer no.

[dx100uk]

but looking at the now merged thread

that is what they should have done?

reduced the value of the CCJ by the PPI.

so

are they not now simply abiding by what they should have done earlier?

[why-not-me]

Thanks - do you know of any laws rf anything official that says this is not allowed.

 

do I ask debt buyer to refund ppi?

or can I ask the Court to enforce the Tomlin order?

 

 

- Am I right in thinking OC can't honour Tomlin as they don't own debt anymore

- they just can't choose to pay someone as in any case given the length of non compliance the PPI would have to be recalculated.

 

If anyone can outline the right steps if any to take I would be grateful.

 

but looking at the now merged thread

that is what they should have done?

reduced the value of the CCJ by the PPI.

so

are they not now simply abiding by what they should have done earlier?

 

Its been over 2 years since that was agreed,

if OC just "refunded" the PPI shouldn't it have to be recalculated at least?

also nearly a year after selling debt is just ok for OC to say we will pay refund to new owners (it shows as transfer on statement from new owner).

[dx100uk]

IMHO you would be entitled to 8% stat int on that figure from the consent date to be added to the PPI figure

and that should be taken from the balance sold to the debt buyer.

as that's what the consent stated 'should' have happen when it was written

 

 

now if the fact that the consent was not met...

and IF you can take it back to court [i believe you can as the order was broken?]

is another matter

and if you'd get anything more than the 8% above is a matter I'm not confident on.

 

 

but I cant see you getting any worth out of wanting the money to your pocket now

unless you could convince 'someone' that 2yrs down the line

your financial situation is in hardship and its not 'fair' as it wont be equally distributed around creditors

 

 

there are various more legally knowledgeable members already subbed to this thread than me.

[why-not-me]

Thanks, I guess that could be a few quid to help reduce my debt - at my recent order for sale hearing their barrister was arguing over £2 with the judge so even if I got that I would be happy.

 

If I owed bank A £50 and bank A owed Bank B £100 then I decided to pay bank B £50 to reduce bank A's debt would I still owe bank A £50?? would any bank let me get away with this if they owed someone money and I paid my debt to that person for whatever reason without their agreement...

 

Doesn't seem right, no matter how I look at it but I have learnt (the hard way) that the courts (well at least the lower tier courts) let the banks etc get away with as much as possible, so they will probably tell me to jog on.