Jump to content


Withdrawing Defence, Proposed Tomlin Order


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2122 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have 2 court claims i am involved in at the moment.

 

 

One of them the claimant has supplied the information required and i accept i can continue no more

 

I sent a letter to the solicitor with an income and expenditure form as i am on ESA

requesting that they contact their clients to discuss a Tomlin Order.

 

 

Any judgement received will be subject to a redetermination and probably pay it back at £1.00 a week

 

I requested a Tomlin order instead of a judgement as it would be beneficial on both sides.

The solicitor has just written back to me requesting i contact the court and withdraw my defence,

and give proposals for the Tomlin order.

 

I am worried that if i withdraw my defence after contacting the court judgement will be immediately made for the claimant.

 

Taking into consideration i am on ESA,

what proposals for the Tomlin order would you think is acceptable for them to agree to a repayment schedule to avolid judgement.

I only have just over a week as a time line

 

Thanks

Link to post
Share on other sites

I think that it might be reasonable for you to tell them that you will withdraw your defence but you would like to see their draft Tomlin order first.

However, you haven't given any details so difficult to advise you further

Link to post
Share on other sites

That was my thinking on the matter as to seeing a draft of the tomlin order.

 

The only sticking point being is that they will want to secure as much as they can as to the Tomlin Order and i am on ESA due to a disability.

 

 

What would be acceptable in that even in a judgement the court will probably award £1.00 a week

anyway as repayment due to my financial position

 

The amount being claimed is £1700.00 in total

Link to post
Share on other sites

You wouldn't normally withdraw your Defence before agreeing a Tomlin order. The Tomlin order itself deals with the claim, you don't need a separate withdrawal.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

Also,

 

 

are you absolutely certain that the information supplied by the client complies with what is legally required?

 

 

If not, maybe you should run it past us here.

 

 

Apologies if you've already taken the necessary steps.

 

 

I just hate when the Opposition get away with shoddy goods or arguments.

Link to post
Share on other sites

Thread moved tot he correct forum

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

UPDATE

 

received a draft order for the Tomlin Order today from the DCA. They asked that i sign it and will then be forwarded to the solicitor

 

Without Prejudice Save As To Costs

 

Dear Mr xxxx,

 

We have been passed a copy of your letter dated 12 January 2015 by our solicitors, xxxxx.

 

Please find attached a draft tomlin order for your consideration. For clarification, the sum stated at paragraph (i) of the schedule represents the sum claimed of £xxx together with the fees and costs associated with the Claim (£185.00), the hearing fee of £170.00 and the application fee of £50.00 which will be payable to the Court upon filing the tomlin order.

 

If you agree to the terms, please sign and return a copy by email and we will pass it to xxxx to countersign and file at Court.

 

If we do not have your signed copy of the order in our offices by the close of business on 15 January 2015, we will pass a copy of your proposals to our advocate for the hearing with the instruction to discuss it with you further on the day. However, we will want the cost of instructing an advocate included in the sum payable by you if you still wish to agree to the order.

 

Yours sincerely,

 

 

 

Dear Mr xxxx,

We confirm receipt of your below email and the attachments. Your signed copy of the Order has been passed to xxxx solicitors this afternoon to file at Court. We should both receive sealed copies of the Order from the Court in due course.

Please see below for xxxxx bank details. Please confirm your reference number with the payments to ensure we can allocate the funds to your account.

 

 

At the end of the day i have avoided a CCJ and happy with the decision, and making minimal payments each month due to being on ESA.

 

 

i think they realised that it was not in both our interests to achieve a CCJ as any repayment will have been set by the court.

Link to post
Share on other sites

"For clarification, the sum stated at paragraph (i) of the schedule represents the sum claimed of £xxx together with the fees and costs associated with the Claim (£185.00), the hearing fee of £170.00 and the application fee of £50.00 which will be payable to the Court upon filing the tomlin order."

 

 

 

If the claim is currently stayed they have not paid a hearing fee yet.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
  • 2 weeks later...

Just updating and bringing this thread to a satisfactory conclusion

 

Received an order from the court this morning

 

Tomlin Order signed sealed and delivered to my satisfaction with no order for costs

 

Some people say a Tomlin order is a bad idea but it has suited my individual circumstances. I am paying back £1.00 per week with no negative information as to a CCJ on my credit file. I made the decision that the odds were not in my favour in defending the original claim. This way i have no CCJ to screw me for the next 6 years

Link to post
Share on other sites
Tomlin Order signed sealed and delivered to my satisfaction with no order for costs

 

Please excuse my ignorance, but can I just ask, regarding the costs issue, is this something you negotiated with their solicitors CWK?

 

Also, does a Tomlin Order preclude a later application for a Charging Order against a property, or is this possibility always a risk?

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

MBNA Cards

 

CitiCard

M&S and More

Link to post
Share on other sites

Welshmam, I think it depends on how the TO is worded - presumably if CapquestNightmare breaches the TO then they could go back to court.

  • Haha 1

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

UPON agreement having been reached between the parties for settlement of the issues in this action

 

AND BY CONSENT

IT IS ORDERED THAT

 

1. All further proceedings in this action be stayed except for the purposes of implementing the agreed terms set out in the schedule hereto.

 

2. There be no order for costs

 

i) The defendant shall pay to the claimant the sum of £xxxxxx in full and final settlement

 

ii) The amount stated in paragraph (i) of this order will be paid to the claimant by the defendant by way of consecutive weekly instalments of £1.00. The first instalment will be paid by 16 January 2015. (Standing order has been set up)

 

iii) Should the defendant default either as to the time or value of payment, the claimant will send a letter to the defendant requiring him to pay the arrears within seven days, failing which the claimant will be at liberty to request judgement against the defendant for the sum claimed together with their costs incurred, less any payment made.

  • Haha 1
Link to post
Share on other sites
Why is the £170 hearing fee included. Even if they have paid this, provided claimant informs the court 7 days before the scheduled hearing is due that there's no need for the hearing, the claimant gets the hearing fee refunded.

 

That was my understanding as well !

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites
"For clarification, the sum stated at paragraph (i) of the schedule represents the sum claimed of £xxx together with the fees and costs associated with the Claim (£185.00), the hearing fee of £170.00 and the application fee of £50.00 which will be payable to the Court upon filing the tomlin order."

 

 

 

If the claim is currently stayed they have not paid a hearing fee yet.

 

Andy

 

Already pointed out 14th Jan but no response

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
  • 6 months later...

Just dragging this up for a quick question due to another question asked on another thread

 

This debt has been secured by a Tomlin Order for which i am more than happy.

Paying £1.00 a week till they put me six foot under but never mind

 

My question is:

 

Does the DCA have to send me an an annual statement as to my weekly payments??

 

The reason i ask is technically the account has been terminated now and is subject to a court order (Tomlin) so i guess the CCA 1974 will no longer apply

 

Any confirmation as i have not informed the DCA i now live in Northern Ireland:lol:

 

I do not see why i should inform them of my change of address as my payments are set by the court. As long as i do not default on those payments they can do SFA.

 

The credit agencies have my new address anyway

Link to post
Share on other sites

Simply...no they dont...but I think it may be prudent to advise CoA....wouldnt want to miss that " we are writing your debt off letter " posted to your old address and you find out in 6 years:madgrin:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...