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arrow~restons court action tomlin order

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  • arrow~restons court action tomlin order

    hey guys

    just received paperwork from Restons who want me to sign a Tomlin order to recover the debt i owe them.
    i had problems with court action last year and and managed to get a stay and then never heard anything from anyone until yesterday.
    this was a year ago.
    i have been making regular payments of £8.66 via payplan with they have rejected but still take it and the tomlin order is for £8.66 per month which is the saME as payplan payment.

    what should i do guys?
    Tags: None

  • #2
    Hey guys
    Received court papers the other day for a arrow global account with was originally mbna.

    I keep reading that the creditor should of defaulted me before heading to court is this right ?
    Also spoke to restons asking them to stop the judgement and let me continue making payments to them and they said they can't stop it and I just have to go through the courts.

    Court papers were white not blue

    Any ideas guys ?

    Carl

    Comment


    • carlos09
      carlos09 commented
      Editing a comment
      Re: Arrow / restons northamton county court claim

      Originally posted by Diana M View Post
      Is the Claimant named as Arrow Global (Guernsey) Ltd on the claim form?
      Yes it is
      That may cause them a problem if it is.
      Why ?
      I've not seen your Defence but their email implies that you only pleaded non compliance with your s.78 Request. Did you also raise the issue of a Default Notice and/or anything else?
      At the time I asked for a copy of my cca and cpr however restons said that I didn't need that information. I have ask about not having my annual statement but still haven't heard anything on that
      Di
      Thanks

      - - - Updated - - -

      I answered the questions in you last msg. Maybe should of done it in a separate colour

    • carlos09
      carlos09 commented
      Editing a comment
      Re: Arrow / restons northamton county court claim

      Hi Diana

      I just read that last post by me and it doesn't sound right
      What I meant to say was I copied your last post and placed my answers to your questions in there.

      Can't under stand the bit about there name though. What have they done wrong

      Carl

    • carlos09
      carlos09 commented
      Editing a comment
      Re: Arrow / restons northamton county court claim

      Hi di. Could you clarify why they could be a issue with arrow having the name on the court papers

      Thanks

  • #3
    Diana M what do you think? are they trying it on again

    thanks carl

    Comment


    • #4
      Originally posted by carlos09 View Post
      just received paperwork from Restons who want me to sign a Tomlin order to recover the debt i owe them.
      i had problems with court action last year and and managed to get a stay and then never heard anything from anyone until yesterday.

      I think you may be misunderstanding the situation.

      According to your other thread on this forum you said that you were sent the credit agreement in March 2017 AFTER the claim had been stayed and you then started to make payments (which may have been seen as an admission of the claim).

      Does Restons letter threaten you with an Application for a Summary Judgment on the basis your Defence has no merit (because they have produced a signed credit agreement)? Or do they want to formalise your payment agreement without the need to lift the stay and continue with the proceedings?

      Maybe ask Kati to merge your threads so any help given can be seen in context.

      Di

      (I’m posting in response to both your PM and email)

      Comment


      • #5
        Hey Diana I have tried to post the letter but it wouldn’t do it its all come from my affordability report from Payplan. They have accepted the offer of payment but want me to sign the tomlin orderÂ*

        Comment


        • #6
          What would happen if I didn’t sign it ? Â* I have heard that once restons get you with a ccj/tomlin order the first thing they do is apply for a charge on your houseÂ*

          Kati could you merge this with my other post arrow/restons pleaseÂ*

          Comment


          • #7
            Originally posted by carlos09 View Post
            Kati could you merge this with my other post arrow/restons pleaseÂ*
            I can try ... 2 ticks xx

            Debt is like any other trap, easy enough to get into, but hard enough to get out of.

            It doesn't matter where your journey begins, so long as you begin it...

            recte agens confido

            ~~~~~

            Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

            I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
            But please include a link to your thread so I know who you are.

            Specialist advice can be sought via our sister site JustBeagle

            Comment


            • #8
              Originally posted by Kati View Post
              I can try ... 2 ticks xx
              no idea if that's worked properly ( Amethyst ... can you check please?)
              Debt is like any other trap, easy enough to get into, but hard enough to get out of.

              It doesn't matter where your journey begins, so long as you begin it...

              recte agens confido

              ~~~~~

              Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

              I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
              But please include a link to your thread so I know who you are.

              Specialist advice can be sought via our sister site JustBeagle

              Comment


              • #9
                Ummmmm, it's not great is it.... will have a look.
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #10
                  Originally posted by carlos09 View Post
                  What would happen if I didn’t sign it ? Â* I have heard that once restons get you with a ccj/tomlin order the first thing they do is apply for a charge on your houseÂ*
                  What are the terms of the Tomlin order ?

                  They can't just apply for a charge, only if you breach the terms of the Tomlin and they get the judgment.

                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #11
                    The terms are £8,66 per month and 6 monthly affordability checks. Normally Payplan do all that yearly

                    Comment


                    • #12
                      And on their side? That the claim is stayed while you make the payments but if you miss payments they can file for judgment / lift the stay and proceed with the claim ?
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #13
                        This is the letter Click image for larger version

Name:	tomlinletterpayplan.png
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ID:	1391235

                        Comment


                        • #14
                          Ahh could you do the schedule and draft order like that too - be simpler xxx I'm just editing off your info on the letter for you (done).

                          #staysafestayhome

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          Received a Court Claim? Read >>>>> First Steps

                          Comment


                          • #15
                            Click image for larger version

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ID:	1391265Click image for larger version

Name:	tomlin4.png
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Size:	67.0 KB
ID:	1391267

                            Click image for larger version

Name:	image_29682.png
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ID:	1391264

                            Comment

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