Restons Tomlin Order

[quasar911]

Hello All,

 

I have been paying Restons on a Tomlin order £30 a month for the last few years and now is nearly up

 

£87 left.

 

However when they recently sent me last statement, i see that they have added two charges £80 and £60 for court fees and costs.

 

This never actually went to court as i agreed to a tomlin order.

 

Are they allowed to do this ?

 

Also, My bank changed and all DD's closed, and the Restons one got deleted, whats the worst that can happen ? Will they simply write to me ?

 

Thanks In Advance

 

Q.

[maroondevo52]

Thread moved to Financial Legal Issues forum.

[renegadeimp]

No its not allowed,

and also, did you actually check teh debt was genuine?

 

 

restons are sols for hire and never check teh validity of a debt.

 

 

But thats in the past now.

 

 

Pay what you owe,

then ask them why theyre charging you court costs when it didnt go near a court.

 

remember,

restons are a very shady company that have no morals or ethics.

DOnt play nice with them.

[obiter dictum]

When you signed the Tomlin Order it should say how much to pay to discharge you from the order. If they did not add it originally to the Tomlin Order then they are stuffed

 

My Tomlin Order states if i miss a payment they will write to me and give me 14 days to bring the account up to date

 

Just send the missing payment by bank to bank transfer to bring it up to date

Edited January 8, 2017 by obiter dictum

[AndyOrch]

However when Restons recently sent my last statement, i see that they have added two charges £80 and £60 for court fees and costs.

 

Not like Restons to do anything underhand

 

But there would of been an extra fee for the Tomlin Order to be sealed with the Court....£50ish

 

Andy

[dx100uk]

tell us about the debt too 911

 

 

who was the OC?

what type of credit?

etc etc.

[quasar911]

it was a valid debt ( credit card ) which i tried to get written off, and didnt get lucky,

i shall have to email them, what shall i write ?

 

No they didnt explain anything to me at all about these extra charges

[dx100uk]

who said it was valid?

did you send a CCA request and file a defence?

[AndyOrch]

As advised you pay the amount stated within the schedule of the Tomlin Order...if the fee for the Tomlin Order has been included...thats what you pay...if its not been included allow an extra £50 over and thats what you pay not a penny more.

If they have failed to include the fee for the court claim and sols fee for the court claim...thats their problem.

 

Andy

[quasar911]

I have emailed them today about the charges and that according to the Tomlinson agreement I still need to pay 87, and that my bank accounts have changed. Least I have told them and need their details to pay the rest so I can be in the clear

[quasar911]

I have had another email from the, and still they are NOT answering my questions on what the 2 charges where for and why it wasnt a £45 charge,

 

here is the statement, they added the charges on in 2013 but this was not mentioned to me at all.

 

 

on their tomlin order it states :

 

Note: This order has been made without a hearing under the Courts case management powers contained in the

Civil Procedure rules Part 3. You may within 7 days of the service of this order, apply to the Court to set aside or

to vary the order under Part 23 Rule 10. You must file with the Court, and serve on the other parties, an application

that sets out your reasons for objection. A fee is payable upon the filing of the application. When your objection

is received the matter will be listed for hearing unless you ask the Court to vary the order without a hearing.

 

 

so there was NO court hearing, so why the 2 costs ?

Edited January 13, 2017 by quasar911

[dx100uk]

Pic shows ref no,s removed it

[quasar911]

anyone, restons are emailing me but they are avoiding then charges, i am refusing to pay the last 57 quid till they explain charges,

if i send a CCA and they fail to prove it, can i claim the £1100+ back ?

[AndyOrch]

anyone, restons are emailing me but they are avoiding then charges, i am refusing to pay the last 57 quid till they explain charges,

if i send a CCA and they fail to prove it, can i claim the £1100+ back ?

 

See post#9 above.

 

No you cant claim anything back...nor are they compelled to respond to a CCA request

[quasar911]

ok thats fine, i expected that,

 

what about the £1 payments for £1000 and £2000 there that the wife is paying,

 

can we do a CCA and keep paying until a certain time limit is hit. ?

If they DO prove it, can we carry on paying £1 or will they demand a lot more.

 

Thanks in Advance

[AndyOrch]

They dont need to prove anything...unless you seek recourse with the court and breach the Tomlin Order and let the claim progress to trial.

 

With regards to the rest of your post Im afraid I haven't a clue what you refer to or asking?

 

Andy

[quasar911]

re-edited picture

 

restons are saying :

 

We write further to your email of January 13, 2017.

 

Please refer back to our email of the above date and the attached Statement of Account. There you will see that the £65.00 added to the balance is the Court Fee associated with the issuing of proceedings, along with £85.00 Court Costs, also associated with the issuing of proceedings. These are not fees and costs added by this office, but by the Court.

 

For the avoidance of any doubt, you are liable for the above fees and costs. Should you fail to maintain payments in line with the Tomlin Order we may request Judgment is entered against you.

 

Yours faithfully,

 

 

Miss S Delooze

Case Manager

 

[AndyOrch]

Can you scan or type out the the terms (schedule) of the Tomlin order ?

[quasar911]

I have asked them for the Order - here as below

They are now refusing to reply to my emails and said they will be logged but not responded to - my last email i was asking for the bank details so i can setup standing order again - :

 

ARROW GLOBAL GUERNSEY LIMITED

Date

(lSi Claimant I

1 November 20 1 3 I

MY NAME 11" Defendant

Before Deputy District Judge Elmer sitting at Northampton (CCBC) County Court, 4th Floor St Katharine's House,

2 1-27 St Katharine's Street, Noithampton, NN 1 2LH

UPON READING the Minute of Order filed herein, a copy of which is annexed hereto

WITHOUT HEARING

AND BY CONSENT

IT IS ORDERED THAT: -

An order is hereby granted in the terms of the said annexed Minute and that it do stand as the order of this Court

Note: This order has been made without a hearing under the Courts case management powers contained in the

Civil Procedure rules Part 3. You may within 7 days of the service of this order, apply to the Court to set aside or

to vary the order under Part 23 Rule 10. You must file with the Court, and serve on the other parties, an application

that sets out your reasons for objection. A fee is payable upon the filing of the application. When your objection

is received the matter will be listed for hearing unless you ask the Court to vary the order without a hearing.

 

UPON the application of the Solicitors for the Claimant and the Def&t in pmon

AND UPON the parties having agreed tenns of settlement set forth in the schedule hereto,

IT IS ORDERED BY CONSENT THAT: -

1. All further proaxdings in the Claim be Stayed upon the terms set out in the Schedule

hereto except for the purpose of canying out this Order and the said tenns into effect

by which the parties are to be at liberty to apply.

2. There be no Order for Costs.

Schedule

1. The Dcfcndant do pay the Claimant the sum of E1257.35 in ftill settlement of the

Claim (the "Settlement Sumn);

2. The Settlement Sum be paid to the Claimant's Solicitors by way of monthly

instalments of £30.00, commencing on 16 October 201 3 and payable on or before the

16th day of each consecutive calendar month thereafter,

3. In default of paragraphs 1 and 2 above, the Claimant do be entitled to enter Judgment

for the Settlement Sum (without fivther Order), less payments made under the terms

of this Order.

 

 

 

I see No 2 - says no order for costs - does this mean i should NOT have those fees added ?

 

on the statment and from what they said on total costs when sending letter to court, they added their fees first which totalled £1257 and then did the order.

 

to me - thats very naughty

 

they even said in their other email for ME to ring court - i think they are trying to fob me off

 

the default balance is £1112.35

 

Thanks

[havinastella]

You pay them £1257.35, that is the amount of the order, nothing more, nothing less!

[AndyOrch]

2. There be no Order for Costs.

 

I have been telling you this for 2 weeks

[quasar911]

so what does NO order for costs mean ?

 

so i really do have to pay their made up fees ?

[AndyOrch]

No you dont...I really cant seem to explain this any clearer and apologies If Im not explaining it correctly...lets try again....

 

YOU PAY 1. The Defendant do pay the Claimant the sum of £1257.35 in full settlement of the Claim (the "Settlement Sum);

 

That is all you have to pay not 1 penny more as per their demand and requests and what they state on their statement.

 

They......have....forgot..... to add.....the.....cost.... of the claim fee and sol fees to the Tomlin Order figure of £1257.35.

 

 

They cant ask or add it afterwards because the Tomlin Order was sealed with the figure of £1257.35.

[quasar911]

so what exactly is the court sissue cost and court summons cost they have added,

 

i was told the court stamps an tomlin for about £45.

 

so they have cheekily added those bullcrap fees to make the total to 1257 then got it stamped,

 

 

should i actually be paying the 65 and 80,

[AndyOrch]

Fee for a Tomlin Order is £45/50 not sure exactly.

 

Look at your court claim......look at the debt amount .......look at the court fee and Sol cost (bottom Right)

 

 

Post a breakdown of the figures on the Claim here.