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?

[carlos09]

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

[carlos09]

Re: Arrow / restons northamton county court claim

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]

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]

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

[carlos09]

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

thanks carl

[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)

[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*

[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*

[Kati]

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

I can try ... 2 ticks xx

[Kati]

I can try ... 2 ticks xx

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

[Amethyst]

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

[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.

[carlos09]

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

[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]

This is the letter

[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]