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Tomlin Order without Court seal.

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  • #16
    I've not paid any of this.

    Is it worth contacting the courts saying I wish I hadn't done this?!

    Comment


    • #17
      To answer your question, in a word "No".

      As you are now in breach of the terms of the Tomlin Order, the other side is at liberty to apply for judgment against you. It will get that, plus it's costs in doing so. If you don't pay up, in full, the next step will be a Order of Enforcement, also at your cost, and fairly shortly thereafter, there will be a knock on your door, probably from a High Court enforcement agent.

      Whether your consent to the Tomlin Order was obtained by deceit and you would have a hard and expensive time proving that, you are bound by it, whilst it is still in force. You have now chosen not to adhere to it's terms and the consequences of that are as I have written above.
      Last edited by efpom; 18th September 2019, 03:50:AM.

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      • #18
        As I informed you in post #7 as well as the consequences above (which I completely concur are correct) you will also have a county court judgement on your credit file for six years from the date they are awarded judgement.

        You have basically shot yourself in the foot and should have just adhered to the order.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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        • #19
          Thinking about this...

          How about I now claim the full amount from them at small claims along the lines of the original debt has been paid, the amount they have claimed is not the actual amount of debt owed, they were deceitful or anything else?

          Is the rights to audience the same for the defense ie. they actually have to be the defendant or be present with representation?

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          • #20
            My advice is to wear a crash helmet in court.

            Comment


            • #21
              You admitted owing the debt at the amount they claimed by signing the Tonkin Order, it doesn’t matter who you thought their agent was or the fact it was in a court building, you admitted the debt.

              You can’t just claim for anything, you have to have a cause of action and you have had no loss because the judgement against you is for the amount you have admitted plus costs of obtaining the judgement.

              Rights of audience are the same for all parties, but just because their solicitor did attend a claim where they were claimant, I’d be amazed if they didn’t turn up to defend a claim if even got as far as a hearing.

              I’d apply to strike out claim as vexatious with no real prospect of success pursuant to CPR 24.2.
              COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

              My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

              Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

              Comment

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