Completing a N181 form - please help!

[MrsDMT]

Hi my husband had a claim served on him with regard to the local council and rent arrears on a business premises. He has since contacted them directly, agreed to a payment plan , and paid the first instalment. Today he has received a N181 Directions Questionnaire to complete and return to the court, but we are are a little lost how to, as we believed we had dealt with the issue .. Can anyone advise? Should the claimant have informed the court that we have settled? Many thanks!

[Amethyst]

Re: Completing a N181 form - please help!

What did you complete and send back to the court (if anything) or have you just dealt with the Council direct ?

[MrsDMT]

Re: Completing a N181 form - please help!

We received one of these forms on the 29th of October but didn't complete it, as he dealt directly with the council. He thought by doing this, the council would advise the court the settlement had been agreed but up to now we can't get in touch with the council to clarify what we need to do.

[Amethyst]

Re: Completing a N181 form - please help!

Bit strange that it has gone to a directions questionnaire if you haven't responded to the court at all, the Council must have entered something to the court for the case to be continuing - an admission/offer to pay or defence, or dispute over the amount of the instalments, otherwise it would have gone to default judgment/been withdrawn.It may be the council are continuing to get the CCJ against you with the installment amount you offered set by the court as a form of security.

If that is not what you agreed with the council then you need to get on to them asap. If the acceptance of the offer you made to pay installments was to keep it out of court then they should make a tomlin / consent order so they can pick the case back up should you default on payments.

Have you had anything in writing with the Council confirming the arrangement ?

[MrsDMT]

Re: Completing a N181 form - please help!

Thanks for the reply
As far as I know he has never replied to the court, It was decided that he would pay the outstanding amount over monthly payments direct to the council and YES there is a Tomlin order in place until the payment is complete.

[MrsDMT]

Re: Completing a N181 form - please help!

P.s We have a letter asking us to confirm he is agreeing to the arrangement, then the council have sent my husband an email, with the payment details etc

[Amethyst]

Re: Completing a N181 form - please help!

'' YES there is a Tomlin order in place until the payment is complete. ''

That's what we want, could you type up or post up a piccie of the Tomlin order please.

Might be worth giving the court a call to check if the Council have lodged the Tomlin/Consent order and whether the claim is continuing as far as they know. If it is you will need to complete the N181 while you sort the rest out with the council.

[MrsDMT]

Re: Completing a N181 form - please help!

we don't have the order this is what it states on the letter from the council

"as agreed a Tomlin Order will be lodged with the County Court which is in the event of a breach of the agreement judgement will be sought via this order. If no breach in the agreement is made then judgement will not be sought by the claimant Wigan Council"
I would be obliged if you would please confirm in writing by 27/11/14 that you are agreement of repayment and confirm that on receipt of your signed agreement I will make an application to the county court for a Tomlin Order.

we confirmed in writing to the council and they confirmed receipt of this by email.

does this mean it hasn't been applied for yet???

Do you have any help on how to complete the N181 form?

[MrsDMT]

Re: Completing a N181 form - please help!

is there somewhere on the form I would state that we have come to the agreement on the form and there is to be a Tomlin Order in place until payment is complete ??

[Amethyst]

Re: Completing a N181 form - please help!

Okay, the Tomlin order would need to be drafted and sent to you to sign. Sounds like they haven't got that far as yet so complete the N181 to have the case transferred to your local court.

The writer of the letter you were sent is a bit wrong, in that a Tomlin order isn't something they apply for, it is agreed between the parties and then lodged with the court - the court isn't involved really at all.

Tomlin orders look a bit like this http://i1238.photobucket.com/albums/...1.jpg~original

I'll just get a link on completing the N181 for you xx

[Amethyst]

Re: Completing a N181 form - please help!

Actually before we do that - Is the amount over £10k ? & what's the deadline for the filing of the N181 that's been given to you by the court ?

[MrsDMT]

Re: Completing a N181 form - please help!

yes the order is over 10K and it must be returned back to the court before the 18th of December . I just haven't got a clue how to tackle the form to at least let the court know that we are actually paying and what has happened between the court and himself.

[Amethyst]

Re: Completing a N181 form - please help!

I think you need to speak to the council first of all, they will have a N181 to complete too and have to send you a copy.

Also speak to the Court as you haven't responded to the claim at all other than to agree settlement directly with the council so just check with the court why you have a directions questionnaire and could they send you copies of what the claimants have entered as you haven't received anything.


The N181 is a bit more in depth than the N180 - of course you can tick yes to settle attempts and mediation/stay of a month but the rest needs to be looked at in the full context of the case if there are any specific directions needed or any disclosures needed.

[MrsDMT]

Re: Completing a N181 form - please help!

Thank for your help tonight . I have passed the info on and my husband will contact the council tomorrow as suggested. He was told from the court earlier that they have received nothing from the council.