Withdrawing Defence, Proposed Tomlin Order

[obiter dictum]

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

[BankFodder]

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

[obiter dictum]

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

[steampowered]

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.

[oleg]

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.

[AndyOrch]

Thread moved tot he correct forum

[obiter dictum]

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.

[AndyOrch]

"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

[obiter dictum]

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

[obiter dictum]

mistake , deleted

[WelshMam2009]

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?

[citizenB]

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

[obiter dictum]

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.

[panther12]

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.

[citizenB]

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 !

[AndyOrch]

"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

[panther12]

yeah just noticed that. If I was the OP I'd query it as it adds over 3 years to the payments.

[obiter dictum]

I have sent a letter to the solicitors for clarification on this. I will update when I have the response

[obiter dictum]

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

[AndyOrch]

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:

[obiter dictum]

Good point

 

Many thanks