Increasing Payments for Consent Order

[Jojo9786]

Hi,

Apologies if this is in the wrong place but last year i received a county court claim for one of my debts from BW Legal, as i was about to go on maternity leave the lovely people at this site helped me work out a consent order with BW legal so i could pay £5 a month to them until i went back to work. This was agreed by BW Legal aswell.

Roll on nine months and i'm now back at work and due to start receiving a proper wage soon, my question is how do i go about this, do i need to contact them directly? Will i need to send them a new budget? Or can i say i want to increase my payments to £40 a month without them asking for a budget?

Also i am not paying back any of my other debts, and i think the majority are now stats barred, if i increase my payment each month will it affect any other debts incase they decide to take me to court? i.e. i'll be paying all my spare income to BW Legal so if another claim pops up, i wont have anymore at all. If this makes any sense.

Any advise will be greatly appreciated.

[FlamingParrot]

Re: Increasing Payments for Consent Order

Apologies if this is in the wrong place but last year i received a county court claim for one of my debts from BW Legal, as i was about to go on maternity leave the lovely people at this site helped me work out a consent order with BW legal so i could pay £5 a month to them until i went back to work. This was agreed by BW Legal aswell.

Roll on nine months and i'm now back at work and due to start receiving a proper wage soon, my question is how do i go about this, do i need to contact them directly? Will i need to send them a new budget? Or can i say i want to increase my payments to £40 a month without them asking for a budget?

Presumably it was a Tomlin order. We'd really need to know what the terms of the order were so it would be useful if you could post up a redacted copy of it. :typing:

Also i am not paying back any of my other debts, and i think the majority are now stats barred, if i increase my payment each month will it affect any other debts incase they decide to take me to court? i.e. i'll be paying all my spare income to BW Legal so if another claim pops up, i wont have anymore at all. If this makes any sense.

Any advise will be greatly appreciated.

The terms of a Tomlin order are confidential and payments made under it are not a matter of public record so there's no reason other creditors would find out how much you are repaying for other debts. If they are SBd then they wouldn't be able to obtain judgment against you. :grin:

[Jojo9786]

Re: Increasing Payments for Consent Order

Hi,

Thanks for getting back to me, is there an easy way to post it on here or do i have to attach it? Its a pdf so i cant copy and paste.

Also silly question but it says at the bottom that it cant be shared with a third party can i still post the terms?

[FlamingParrot]

Re: Increasing Payments for Consent Order

You may want to look at this thread: http://www.legalbeagles.info/forums/...r-details-safe!)

The terms of Tomlin orders are meant to be confidential, however, there are thousands of those orders in place and no-one knows who you are, the idea is to remove anything personal that could identify you so we are left with just an academic scenario and nothing linking you to the order if you see what I mean.

[Jojo9786]

Re: Increasing Payments for Consent Order

Thank you i have attached the order, the first page was basically my details and their details, they did also say in the email when they originally sent it the following :we will review the arrangement when you return to work from your maternity leave in September 2015. At this point, we can review whether you are able to increase your monthly repayments. Although a date has never been said i am keen to sort something to them before they chase me. I Hope i've taken everything out that shouldn't be there!

[FlamingParrot]

Re: Increasing Payments for Consent Order

Thank you i have attached the order, the first page was basically my details and their details, they did also say in the email when they originally sent it the following :we will review the arrangement when you return to work from your maternity leave in September 2015. At this point, we can review whether you are able to increase your monthly repayments. Although a date has never been said i am keen to sort something to them before they chase me. I Hope i've taken everything out that shouldn't be there!

There is nothing in those terms that limits the time during which you should be paying £5 a month, the only thing I can see is that the CLAIMANT reserves the right to review the payments at 6 monthly intervals. In which case I'd just keep paying the agreed £5 a month until they request a review. When they do, you can make a higher offer.

If they don't request a review, you may feel that at this rate you're never going to repay this, however, if you do have a bit of money to spare every month when you return to work (bearing in mind a newborn baby creates more outgoings than an unborn baby), you may want to put it to one side so you can eventually put forward a full & final settlement offer. Those offers are more likely to be accepted when the debtor is making small payments. :thumb: