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Breached Tomlin Order

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  • Breached Tomlin Order

    I have a Tomlin Order which has regularly not been paid on time, has run considerably over predicted repayment time and there is a small amount outstanding which other party now disputes. Is this realistically enforceable as the address of other party is unknown (marginal email contact only now), Yearly written statements have been provided so would I have to produce many years worth of bank statements to prove this? Other party is liable for costs of enforcing and a CCJ but should amount owed be paid at the last minute (as I suspect) would I then be liable for all the costs of trying to enforce? I assume the other party is banking on me not following this up due to small amount remaining.
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  • #2
    Originally posted by Frustrated1 View Post
    I have a Tomlin Order which has regularly not been paid on time, has run considerably over predicted repayment time and there is a small amount outstanding which other party now disputes. Is this realistically enforceable as the address of other party is unknown (marginal email contact only now), Yearly written statements have been provided so would I have to produce many years worth of bank statements to prove this? Other party is liable for costs of enforcing and a CCJ but should amount owed be paid at the last minute (as I suspect) would I then be liable for all the costs of trying to enforce? I assume the other party is banking on me not following this up due to small amount remaining.
    Costs depend on the Courts discretion so id say that its a question for you whether you enforce or not.

    Hooooooowever, why not write to the Defendant and say that you are now seeking a Court order as they have failed to pay and shall also seek an order that they pay the costs of enforcement, that may be enough to jiffy them along
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

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