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Does statutory barred over rule a Tomlin?

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  • Does statutory barred over rule a Tomlin?

    Going to try and explain this the best I can.

    Around 19 months ago I received Tomlin order on a debt that was nearly statutory barred. (Had around 12 months to go before).

    I had never seen or heard of a Tomlin order and i was very concerned as if I got a ccj I would lose my job.

    I called the debt collectors who informed me I needed to fil this paperwork out and send it back. They would then be in touch once received and call me to pay for the admin court cost of the Tomlin and set up the payments.

    4 to 5 months passed and i heared nothing. My other half who bins every thing had long chucked the letter and i had no idea who they where to contact them. But they had my number.

    We ended moving away for 12mths. After that we moved back to the village we lived before and only by chance the occupiers of our old house gave a letter he received for me.

    You guessed it.....It's them. Apologising for taking so long to come back to me but the payments must begin on the 17 of Feb 2018. No mention of the court fees. Bearing in mind they never gave me their bank details.

    Anyway this debt is now barred. But I signed the form when it wasn't.

    What's my options?

    It all seems very odd.
    Tags: None

  • #2
    Re: Does statutory barred over rule a Tomlin?

    Call the court in question to see when/whether the solicitors filed the Tomlin Order.

    However signing a Tomlin Order is likely to be viewed as an acknowledgement of the debt for Statute Barred purposes regardless of whether it was filed at court or not.

    Di

    Comment


    • #3
      Re: Does statutory barred over rule a Tomlin?

      Originally posted by Dert70 View Post
      Around 19 months ago I received Tomlin order on a debt that was nearly statutory barred. (Had around 12 months to go before).

      I had never seen or heard of a Tomlin order and i was very concerned as if I got a ccj I would lose my job..
      Perhaps I should add that you wouldn't have been sent a Tomlin Order to sign unless there had been a claim issued and served on you so the debt would not be Statute Barred in any event since the claim stopped the SB clock from ticking.

      Did you file a Defence?

      Was the claim stayed after you filed a Defence?

      Are you wanting to renegotiate the terms of the Tomlin order or perhaps fight on if it's not been filed at court?

      Di

      Comment


      • #4
        Re: Does statutory barred over rule a Tomlin?

        Originally posted by Diana M View Post
        Perhaps I should add that you wouldn't have been sent a Tomlin Order to sign unless there had been a claim issued and served on you so the debt would not be Statute Barred in any event since the claim stopped the SB clock from ticking.

        Did you file a Defence?

        Was the claim stayed after you filed a Defence?

        Are you wanting to renegotiate the terms of the Tomlin order or perhaps fight on if it's not been filed at court?

        Di
        Hi

        The debt wasn't SB when the forms where sent. And when they arrived it was out the blue. The debt defaulted in 2011 and was set to expire last month and drop of my file (which it has)

        This letter from the collector is the first reply since sending the forms back over 19mths ago. Should I have got a reply from the court of something?

        Regards

        Comment


        • #5
          Re: Does statutory barred over rule a Tomlin?

          I'm having difficulty understanding the timeline of events so correct me if I've misunderstood.

          A claim was issued 19 months ago. The debt was not SB at that point. It still isn't SB.

          You agreed a Tomlin to settle the claim which was sent to you to sign (was it?).

          You signed and returned it (did you?) but heard nothing more for the following 4 or 5 months about the court filing fee which you were expected/expecting to pay.

          You say your other half bins letters so you didn't know who to approach to follow up on the Tomlin Order issue. Do you mean your other half binned the original Claim Form too so you had no idea who was taking you to court?

          You say the Claimant had your number but are you saying you didn't have their number or a number to contact the court?

          The Tomlin Order should have had a start date for the first instalment (unless it was a one off reduced payment). If you didn't make that first instalment payment then you would be in breach of the Tomlin Order and the Claimant may be able to obtain a CCJ against you unless you had terms in the Order which said they would have to return to court etc.

          I've suggested you call the court to check whether the Tomlin Order was filed (they may have paid the filing fee since the one who files at court usually does and then claims it from the other party if applicable).

          If it wasn't filed, and if you didn't file your Acknowledgment of Service within 19 days of the Claim Issue Date then you are vulnerable to a Default Judgment from the Claimant for the whole sum (a CCJ) unless you filed a Defence (I've already asked you that question).

          You say they've told you that the payments will now start in February 2018 however that's not what the original Tomlin Order said so you may be in breach of it (and vulnerable to a CCJ).

          Call the court to established the current status of the claim and file an Acknowledgment of Service if necessary to protect your legal position.

          Di

          Comment


          • #6
            Re: Does statutory barred over rule a Tomlin?

            Originally posted by Diana M View Post
            I'm having difficulty understanding the timeline of events so correct me if I've misunderstood.

            A claim was issued 19 months ago. The debt was not SB at that point. It still isn't SB.

            You agreed a Tomlin to settle the claim which was sent to you to sign (was it?).

            You signed and returned it (did you?) but heard nothing more for the following 4 or 5 months about the court filing fee which you were expected/expecting to pay.

            You say your other half bins letters so you didn't know who to approach to follow up on the Tomlin Order issue. Do you mean your other half binned the original Claim Form too so you had no idea who was taking you to court?

            You say the Claimant had your number but are you saying you didn't have their number or a number to contact the court?

            The Tomlin Order should have had a start date for the first instalment (unless it was a one off reduced payment). If you didn't make that first instalment payment then you would be in breach of the Tomlin Order and the Claimant may be able to obtain a CCJ against you unless you had terms in the Order which said they would have to return to court etc.

            I've suggested you call the court to check whether the Tomlin Order was filed (they may have paid the filing fee since the one who files at court usually does and then claims it from the other party if applicable).

            If it wasn't filed, and if you didn't file your Acknowledgment of Service within 19 days of the Claim Issue Date then you are vulnerable to a Default Judgment from the Claimant for the whole sum (a CCJ) unless you filed a Defence (I've already asked you that question).

            You say they've told you that the payments will now start in February 2018 however that's not what the original Tomlin Order said so you may be in breach of it (and vulnerable to a CCJ).

            Call the court to established the current status of the claim and file an Acknowledgment of Service if necessary to protect your legal position.

            Di
            No

            When I got the forms signed and sent back over 19months ago the debt wasn't SB. Since I never made any payment nor received any correspondance from them over the 19mtg the debt is now SB as I haven't made any payment on it since it defaulted in 2011. The record for the debt dropped of my credit file last month.

            What I'm trying to understand is. If the debt is no longer on my credit file and the Tomlin order appears not to have been processed for 19mths....do I have a case to say it's SB now leave me alone?

            Comment


            • #7
              Re: Does statutory barred over rule a Tomlin?

              Originally posted by Dert70 View Post
              When I got the forms signed and sent back over 19months ago the debt wasn't SB. Since I never made any payment nor received any correspondance from them over the 19mtg the debt is now SB as I haven't made any payment on it since it defaulted in 2011. The record for the debt dropped of my credit file last month.
              Did you receive a county court claim 19 months ago which would be April 2016 (or thereabouts)?

              If so what date?

              If your last payment or the remedy date of any Default Notice or Termination date was after April 2010 (six years before the claim was issued unless you live in Scotland) then the debt would not be Statute Barred since issuing a claim is the Cause of Action.

              You say the debt was defaulted in 2011.

              The Default is not showing on your CRA file because the whole file is removed six years from the date it was registered (possibly November 2011 according to you).

              Unless you're implying that you signed a Tomlin Order even though no claim was issued?

              And even if that were to be the case (albeit odd) signing a Tomlin Order would be seen as an acknowledgement of the debt so that in itself would have stopped the SB clock from ticking even if no claim had been issued.

              Di

              Comment


              • #8
                Re: Does statutory barred over rule a Tomlin?

                I just received the form for the Tomlin order sent by the debt collector 19th mths ago.
                Date i dont know im afraid.
                my last payment on the debt was dec 2008
                It defaulted in 2011 and has now dropped off.

                Sorry i dont know what the difference in the claim and receiving the form is

                Regards

                Comment

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