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D1ngle

Lowell claimform - old Creation Finance loan debt***Settled Tomlin Order***

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Agreement number still showing in WS...upload unapproved.

 

Andy


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Agreement number still showing in WS...upload unapproved.

 

Andy

 

Thought I'd taken them all out. Apologies.

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Just got a message from the court, moved from 10am to 2pm. This messes up what I told work. Can I request a change back or another day? Pretty sure it's on the request of Lowell sending someone from North to a South coast court.

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Could be the court overstretched or the Judge running late....


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Yeah I called as I only took the Am off work and they're calling back to let me know.

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Back on tomorrow AM.

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Over. Accepted a Tomlin order. Judge was not impressed they were so late with returning data, but pretty much alluded she would have had to award CCJ.

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Well done D1....at least its resolved and I assume you are happy with the terms of the Tomlin.

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy


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Thanks Andy,

yeah manageable,

 

I don't have to worry about them changing terms on me and I learnt a lot.

 

Especially when the judge and solicitor were going at each other quoting parts of CCA, CPR and SAR/Data legislation.

I'm sure they'll be a next time...

 

Thanks to everyone for the responses.

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Why not share your experience and what you learnt D1 with other members here so that if they can use and benefit from your experience.

 

Regards

 

Andy


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How do the proceedings on the day move from your witness statement,

which is asking for evidence that the debt exists,

to a Tomlin order,

the acceptance of which indicates that you are admitting the debt?

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No a Tomlin does not admit the debt

As there is no judgement....


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Thanks, very interesting. :-)

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Keep to your thread! With questions


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How do the proceedings on the day move from your witness statement,

which is asking for evidence that the debt exists,

to a Tomlin order,

the acceptance of which indicates that you are admitting the debt?

 

My problem was that my defence relied on them having not responded to my CCA or with the info I would have required to reasonably accept that I owed the debt and for that amount (and is legally required under CCA). They supplied the info I was saying I didn’t have in my defence at last minute. This meant I either went infront of the judge and argued they acted unreasonably but in reality they had the info they needed to probably get the CCJ. With the Tomlin I keep the CCJ off my record, they can’t just change terms on me and it’s a very affordable rate.

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How did you ask for the Tomlin?

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How did you ask for the Tomlin?

 

Simply suggest it...either before the hearing or on the day if their counsel attends.


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Simply suggest it...either before the hearing or on the day if their counsel attends.

 

Yes. Mine was a bit dodgy from the debt collector and the judge didn't like their behaviour and since the judge has to agree the order she broke the session to get more answers from the DC before agreeing to it.

 

On the letter that was backdated (that I received last week) the DC suggested to pay the whole amount or a Tomlin. I called the DC the day before the trial to discuss options, but they basically said "pay in full is the only option or you can ask the judge for a Tomlin". Then on the day of trial I called again and the DC added £210 for the solicitor and again said "pay in full".

 

The solicitor arrived and discussed options with me. I accepted a Tomlin, but when we got in front of the judge she wasn't happy. I don't know if I'd have won and not had a CCJ, but she was questioning how they got to the final figure and the fees. She wasn't happy about me not getting the info.

 

The DC was trying to say I had acted unreasonably by not responding (and so could add the extra charges) and saying I could have still settled a day earlier, but the judge was having none of it saying that payment in full wasn't a reasonable offer. I think the judge basically alluded that due to the 4-5yrs it took them before any attempt of action, the late sending of info and the fact I hadn't been given enough time to negotiate she would have removed all extra fees and probably have discounted some damages to me. This is when the judge and solicitor were going at it. To be fair the solicitor knew his stuff and did argue around the difference of CPR and SAR legislation etc.

 

I don't know what would have happened if I tried to defend it. Like I say, they had the info they needed, but they provided it at really ;ate notice. I don;'t know if this would have been enough for the judge not to award in their favour.

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How did you ask for the Tomlin?

 

If I did it again and had more time I would try to ask for the Tomlin on a much reduced overall amount before we got to court

(assuming they had all the info that meant I would likely lose in court).

 

In my case because the DCA had already paid for the solicitor to attend and they had all the info they needed by this point so they were less flexible with me.

 

I had tried to ask for 50% total and they did go and check if acceptable so this probably wasn't out of the realm of possibility if done earlier.

 

Unsure if other more experienced people agree with this approach.

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