Tomlin Order Advice

[HelpVeryMuchAppreciated]

Hello everybody, I am new here and am very grateful for any advice you may be able to give me with regards to a Tomlin Order that I had set out 3months ago (yes I am the claimant). The Tomlin Order consents the debtor to pay x10 monthly instalments for a debt that he owes me due to unpaid works. I am an electrician and he is a property developer. We are both limited companies. He has missed this month's payment and advised me he is liquidating his company. Is there anything I can do?

[Wombats]

Re: Tomlin Order Advice

[QUOTE=HelpVeryMuchAppreciated;436691]Hello everybody, I am new here and am very grateful for any advice you may be able to give me with regards to a Tomlin Order that I had set out 3months ago (yes I am the claimant). The Tomlin Order consents the debtor to pay x10 monthly instalments for a debt that he owes me due to unpaid works. I am an electrician and he is a property developer. We are both limited companies. He has missed this month's payment and advised me he is liquidating his company. Is there anything I can do?[/QUOTE]

I guess that depends whether or not what you have been told is true. If it is, then you register your debt accordingly and get paid x pence in the £ from any assets (if any). If it is not true then clearly you go back to court.

[HelpVeryMuchAppreciated]

Re: Tomlin Order Advice

Thanks for commenting Unfortunately I have just had confirmation that the liquidation is taking place. How would I go about registering the debt accordingly? Is it even worth it if he is a limited company?

[wales01man]

Re: Tomlin Order Advice

Sorry to say I would bet money there will be very little for you its common for LTD companies to do this to avoid paying as you are a LTD co. you may in the same situation been advised to do the same .
Register the debt with the Liquidator worth a chance?

[bluebottle]

Re: Tomlin Order Advice

The Liquidator needs to be made aware of both the court judgement and Tomlin Order at the earliest opportunity. Speak to the court also.

[HelpVeryMuchAppreciated]

Re: Tomlin Order Advice

Right-o will do that today. Thank you so much for your help...so grateful for forums like this and people like you, would be totally lost without the guidance! Hopefully I won't find myself in this situation again

[bluebottle]

Re: Tomlin Order Advice

Right-o will do that today. Thank you so much for your help...so grateful for forums like this and people like you, would be totally lost without the guidance! Hopefully I won't find myself in this situation again

Don't be surprised if the liquidator asks to see the Payment Order (Judgement) and Tomlin Order. That is perfectly reasonable and the liquidator would be failing in their duty if they did not ensure any claims against a company they were administering were legitimate. Speak to the liquidator as soon as possible and find out if they will accept certified copies or whether they wish to see the originals and they take a copy from them.

[HelpVeryMuchAppreciated]

Re: Tomlin Order Advice

Yes great advice and will do. Thank you :okay:

[FlamingParrot]

Re: Tomlin Order Advice

Thanks for commenting Unfortunately I have just had confirmation that the liquidation is taking place. How would I go about registering the debt accordingly? Is it even worth it if he is a limited company?

Unfortunately there isn't likely to be any money left to pay you, companies go into liquidation when they can't pay their debts and there's likely to be other creditors that would get paid first, such as employees/contractors. Even those will likely have to be paid by the IS.

As ever, the banks are likely to come up trumps here :mad2: since they will have required personal guarantees for overdrafts and business loans, and anything of significance is bound to be secured on the directors'/owners' property. They circumvent the limitations of LIMITED companies that way.