Erudio/Drydens Claimform - Old SLC Loans - their N244 to lift stay/SJ Dismissed - they now 28days to propose a Tomlin.

[AndyOrch]

Drydens don't issue Court Orders...have received the judges Order from the Court in writing ?

[pellegrino]

Hi Andy,

I've already been to court. I've received the order from the judge explaining what was required of me. Drydens had to have a signed Tomlin order on her desk so to speak by 4pm yesterday. My only job was to fill in a financial statement and an offer of payment, which I completed and returned weeks ago.

Drydens hasn't sent me anything to sign and therefore missed the stated deadline from the judge. 

As if by magic, the Tomlin order came through just this morning from Drydens and they have requested it to be signed and returned within 14 days! I've kept the envelope which is dated the 21st and the letter is dated the 20th.

I was thinking my next move is to sign it and send it back to them recorded delivery and then email the judge photographic evidence of the envelope dated the 21st (the deadline) and also the letter they sent.

It will show that I have done my side of the bargain and that it is obvious there has been a bit of gameplay on their part.

I'm assuming I am in a good position to ask the judge for the Tomlin arrangement to be dismissed as they failed to sort it within the deadline.

[AndyOrch]

1 hour ago, pellegrino said:

I'm assuming I am in a good position to ask the judge for the Tomlin arrangement to be dismissed as they failed to sort it within the deadline.

I know you have been to court I was asking if you had the order in writing. Now they have complied why do you want the Tomlin dismissed ?

[pellegrino]

I have had the order in writing from the court.

I only received the tomlin order from Drydens this morning.

I need to sign and return this to them which is then filed with the court.

The reason I am asking for summary judgment in my favour is the fact that they have missed the deadline set by the judge. So they haven't complied have they?!

[AndyOrch]

1 day isn't wont be viewed as none compliance. The point of the Tomlin Order is to stay and settle the claim ...do you not want to settle the claim ? Dismissing the Tomlin wont give you Summary Judgment that is a separate process in which you have to submit an application ..with fee £275.00 and evidence as to why you should be awarded summary judgment.

If you dismiss or do not sign the tomlin order the claim proceeds as normal...and you may lose.

[pellegrino]

Hmmm.

I honestly don't know why dates are given in courts then?!

I'm sure if I didn't comply and sign it they'd come down on me like a ton of bricks.

What's the point if deadlines don't matter? 

What a complete farce.

The case is already stayed too.

Common sense seems to just go out the window. 

When is it an issue then?

I received a Tomlin from Drydens one day late after the court deadline which was yesterday.

Dryden says to sign it and send it back within 14 days taking it into December. Does 14 days late make a difference or does that not matter?

What would be sensible is that the judge sees they have not adhered to her terms and chucks the whole thing out.

The case remains stayed and I can get on with my life.

What should  I do?

Just sign it and send it back and forget that they're going to be over a week late.

When I was in court the judge made it clear that they had 28 days to do this.

She was waving her finger at them and wasn't messing about!

I'm just hoping she'll chuck the whole thing out and leave it stayed. 

[Nurselayer]

I'd be very careful about signing and returning the Tomlin Order until you've had further advice.

You may be better off just appealing to the judge to dismiss Erudio's claim as they have not complied with the Court Order in the time specified.

[pellegrino]

Definitely, that's what I think too.

I contacted my solicitor who's luckily doing a bit of work for me totally unrelated to this. He told me to throw the ball back to Dryden explaining that even though I am happy to sign the order I would like an explanation as to why they had left it until after the deadline.

I did what he said and cc'd the court/judge on the email. This shows that I'm willing to complete the order and I'm not just going to do nothing as it arrived late.

As the judge really was very specific about the deadline I'm hoping she'll be livid about what they've done and chuck it out.

Her warning to me was that if I didn't comply and comply with signing the order and offering a payment etc, then she would have no hesitation in hitting me with a CCJ.

As I've complied and they haven't then surely the consequences should match equally to both sides.

[dx100uk]

if the tomlin agreement is dated one day before the deadline and posted that day , then thats obv very cheeky of drydens, but it's what all the muggers do. pers even though the judge was very firm toward drydens and i think it is not on what they have done, i think you'll have a hard time avoiding having to sign it,  ...eventually.

you could take a gamble and let it return to court whereby i think all she will do is give drydens a telling off but advise to sign the tomlin.

how much £PCM is it for?

dx

.

 

[pellegrino]

Hi,

£30 pcm so it's not going to break the bank! I'll sign the tomlin and send it back. I was wishfully thinking that the judge would just throw it out as that seemed her ultimatum with them. My ultimatum was to offer payment etc and comply otherwise a ccj.

 

cheers for getting back.

 

[dx100uk]

readme!!

 

dx