arrow~restons court action tomlin order

[carlos09]

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?

[Amethyst]

That's fine, Carl, Thank you .. the consent order sounds absolutely fine and standard. Is that £2304 the full amount they had claimed or have payplan managed to negotiate any discount ?

Are payplan continuing the payments through the DMP ? Do you know the date they pay ? If you possibly can I'd get a couple of payments ahead so that if anything did get delayed Payplan side you don't end up indavertently defaulting on the consent order. 6 months is pretty standard and mostly it would be a letter saying 'have your circumstances changed' and that would be that. I had it for a couple years with Restons then they gave up bothering reviewing. Presumably with Payplan involved they can confirm your circumstances to Restons anyway so I wouldn't worry about that.

I think you've been dealing with Di on this anyway so see what she reckons first of course, you have a few days to get this back over if you're accepting it through Payplan.

[carlos09]

Hard work getting the photos the right size

[carlos09]

[Amethyst]

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).

[carlos09]

This is the letter

[Amethyst]

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 ?

[carlos09]

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

[Amethyst]

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.

[Amethyst]

Ummmmm, it's not great is it.... will have a look.

[Kati]

I can try ... 2 ticks xx

no idea if that's worked properly ( Amethyst ... can you check please?)

[Kati]

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

I can try ... 2 ticks xx

[carlos09]

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*

[carlos09]

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*

[Diana M]

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)