Consent Order question

[Marino13]

Hi all.

Some time ago I entered into a Consent Order to repay debts.

I was not entirely happy about it at the time, but it seemed the best solution fighting as I was on various fronts with debts.

 

many years later I have been reviewing these agreements, and I contacted the current DCA asking for a copy of my agreement.

They said they were under no obligation to provide one.

 

I said I would withhold the next months money until they did, and they responded by saying they would take me back to Court to enforce the Consent Order for the whole amount owing. That’s after a decade of not missing a payment!

 

Does anyone know if a Consent Order overrides the need for a DCA to produce an agreement?

 

Also, the Consent Order is now over a decade old, and I recently read that limitation on enforcement of Tomlin/Consent Orders was 6 years,

is this correct?

Are the DCA bluffing because they can’t find agreement?

Any advice or insights gratefully received.

[dx100uk]

you say debts? more than one under the same consent order?

 

they can enforce it yes.

 

a tomlin order does not become statute barred it suspended a court claim/judgement which stopped the SB clock upon issuance anyway.

[Marino13]

It was for just one debt. I understand about statute barred, this is about a recent ruling. This is a link about it https://www.farleys.com/enforcement-of-tomlin-order-subject-to-six-year-limitation-period/ 

 

it seems to say that a Tomlin Order comes under contract law and subject to certain limitations, such as a 6 year limit. Just wondered if anyone knew anymore

[dx100uk]

I wonder if that was because that defendant had not paid on the tomlin at all since its birth...rather than youeself where by you have been paying, so in effect, you agreed with by continuing to pay it.

 

is this your restons one?

 

dx

 

[Marino13]

I think that is exactly the difference, having re-read a little more. It’s 6 years from breaching the order, rather than from being issued. Ah well. Payments to be resumed, with or without the agreement.

[dx100uk]

wanna expand on what the debt is all about.

 

looking at your past threads

you always seem to disappear after asking random questions,......

 

maybe you were hoodwinked into thinking these debts were enforceable and collectable by the fleecers?

 

dx