Twins22 Restons/Arrow

[Twins22]

Hi Just wondered if I could pick your brains for advice on something similar.I set up a payment plan with restons and had problems with my acct where I had to reset up all payments my payment to restons was missed and I have today received a letter saying I have until the 21st October to respond or a ccj will be registered.I called straight away to pay and was told it was sent to the courts on the 26th of this month.When I said I had only just got my letter the guy basically said pay the full amount or get a ccj.I said with my job I couldn't have a ccj I as well would loose my job and he said I would need a letter from my manager to state this.I pointed that was something I couldn't get as it would put me in a situation where I could still loose my job.I gave up and have spent the rest of the day worrying.I found out about this Tomlin order from your post now do you know if I call back tomorrow and mention it if they are able to hold off the courts as they only sent it on the 26th?If the letter had arrived on time I wouldn't be even in this mess.Thanks

[nemesis45]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Hi Just wondered if I could pick your brains for advice on something similar.I set up a payment plan with restons and had problems with my acct where I had to reset up all payments my payment to restons was missed and I have today received a letter saying I have until the 21st October to respond or a ccj will be registered.I called straight away to pay and was told it was sent to the courts on the 26th of this month.When I said I had only just got my letter the guy basically said pay the full amount or get a ccj.I said with my job I couldn't have a ccj I as well would loose my job and he said I would need a letter from my manager to state this.I pointed that was something I couldn't get as it would put me in a situation where I could still loose my job.I gave up and have spent the rest of the day worrying.I found out about this Tomlin order from your post now do you know if I call back tomorrow and mention it if they are able to hold off the courts as they only sent it on the 26th?If the letter had arrived on time I wouldn't be even in this mess.Thanks

Ok let's be clear, Restons sent a letter dated when? You received it on the 26th Oct, this letter gave you until 21Oct, to respond.

So their application for judgement was filed yesterday?

Did you get the name of the person you spoke to?

Yes phone Restons demand to speak to a solicitor (the boss is Nigel Coe) explain exactly what has happened and the fact you will lose your job and then wont be able to pay anything.

nem

[Diana M]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Hi Just wondered if I could pick your brains for advice on something similar.I set up a payment plan with restons and had problems with my acct where I had to reset up all payments my payment to restons was missed and I have today received a letter saying I have until the 21st October to respond or a ccj will be registered.I called straight away to pay and was told it was sent to the courts on the 26th of this month.When I said I had only just got my letter the guy basically said pay the full amount or get a ccj.I said with my job I couldn't have a ccj I as well would loose my job and he said I would need a letter from my manager to state this.I pointed that was something I couldn't get as it would put me in a situation where I could still loose my job.I gave up and have spent the rest of the day worrying.I found out about this Tomlin order from your post now do you know if I call back tomorrow and mention it if they are able to hold off the courts as they only sent it on the 26th?If the letter had arrived on time I wouldn't be even in this mess.Thanks

It may make sense to start your own thread so your issue can be looked at separately

Have I understood you correctly? You've received a letter from Restons which gave you a deadline of 21st October to pay otherwise they would issue a county court summons. This may have been a Letter Before Claim.

You only received the letter yesterday. When you called Restons you were told that a summons had been issued yesterday.

Or are you saying that a claim had already been issued and because you didn't file a Defence they have got a Default Judgment (CCJ) against you?

I wouldn't phone Restons. When dealing with solicitors everything should be in writing.

Di

[Diana M]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I found out about this Tomlin order from your post now do you know if I call back tomorrow and mention it if they are able to hold off the courts as they only sent it on the 26th?

When you say you only found about a Tomlin Order from the OP's post yesterday, do you mean you already have a Tomlin Order or do you mean now that you know they're a possibie alternative to a CCJ you would have liked the opportunity to negotiate one with Restons prior to them issuing legal proceedings?

A Tomlin Order can still be negotiated after a summons has been issued if appropriate.

Di

[nemesis45]

Re: Restons/Cabot - refusal to accept a Tomlin Order

When you say you only found about a Tomlin Order from the OP's post yesterday, do you mean you already have a Tomlin Order or do you mean now that you know they're a possibie alternative to a CCJ you would have liked the opportunity to negotiate one with Restons prior to them issuing legal proceedings?

A Tomlin Order can still be negotiated after a summons has been issued if appropriate.

Di

There is a Tomlin order and it has been breached hence Restons has applied for judgment there is no "summons".

[Diana M]

Re: Restons/Cabot - refusal to accept a Tomlin Order

There is a Tomlin order and it has been breached hence Restons has applied for judgment there is no "summons".

Is there already a Tomlin Order? I can't see any mention of that in Twins22's post.

Di

[nemesis45]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Hi Just wondered if I could pick your brains for advice on something similar.I set up a payment plan with restons and had problems with my acct where I had to reset up all payments my payment to restons was missed and I have today received a letter saying I have until the 21st October to respond or a ccj will be registered.I called straight away to pay and was told it was sent to the courts on the 26th of this month.When I said I had only just got my letter the guy basically said pay the full amount or get a ccj.I said with my job I couldn't have a ccj I as well would loose my job and he said I would need a letter from my manager to state this.I pointed that was something I couldn't get as it would put me in a situation where I could still loose my job.I gave up and have spent the rest of the day worrying.I found out about this Tomlin order from your post now do you know if I call back tomorrow and mention it if they are able to hold off the courts as they only sent it on the 26th?If the letter had arrived on time I wouldn't be even in this mess.Thanks

Hello Twins 22

Sorry I think I have misread your post, are you contemplating making an offer of payment under a Tomlin order?

Have you done an I & E statement yet as I would expect you to be asked for one.

nem

[Twins22]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Hi Guys
Thanks for your responses.
I received my letter yesterday dated 7th October.Restons said they sent it to the courts in the 24th.I can't have a ccj with my work and desperate to get something place.Now it's been sent to the court if I supply Restons with proof of my job and my offer of payment (I completed an I&E not long ago and just want this debt gone now) Do I still then have to respond to any court forms or can Restons stop that from happening?
Thanks again for your help :-)

[nemesis45]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Hi Guys
Thanks for your responses.
I received my letter yesterday dated 7th October.Restons said they sent it to the courts in the 24th.I can't have a ccj with my work and desperate to get something place.Now it's been sent to the court if I supply Restons with proof of my job and my offer of payment (I completed an I&E not long ago and just want this debt gone now) Do I still then have to respond to any court forms or can Restons stop that from happening?
Thanks again for your help :-)

Yes get all that done asap, you must still comply with all of the court process.

Send copies of all your " evidence " to the court as well.

nem

[Diana M]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Restons said they sent it to the courts in the 24th. I can't have a ccj with my work and desperate to get something place.Now it's been sent to the court if I supply Restons with proof of my job and my offer of payment (I completed an I&E not long ago and just want this debt gone now) Do I still then have to respond to any court forms or can Restons stop that from happening?

Restons do have the option to Discontinue the claim if they want to.

Unless or until that happens you need to respond to anything sent to you by the court or Restons can get a Default Judgment (CCJ) against you.

If you want to negotiate a settlement then that is usually best done from a position of strength. So see what's being claimed, ask this forum to help you file a Defence and then consider your options is one possibility.

What you want to avoid is negotiating a settlement and then you still get a CCJ.

Post up when the claim arrives.

Ask [MENTION=49370]Kati[/MENTION] to move all these posts to a new thread dedicated to your issue

Di

[Diana M]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I received my letter yesterday dated 7th October.Restons said they sent it to the courts in the 24th. . . . . . .Now it's been sent to the court . . . .

Is there another possibility?

Do you mean that Restons have already issued a county court summons and have also sent your recent letter to them (Restons) to the court in a way which could be construed as your admission of the claim by the court?

Sorry for all the questions but I'm not fully understanding your posts. That's my problem not yours

Di

[nemesis45]

Re: Restons/Cabot - refusal to accept a Tomlin Order

A payment " plan" with Restons was this set up because a claim had been issued or because Restons threatened a claim?

nem

[Twins22]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Sorry it's probably me not being clear.Restons took over the debt and I set up a payment plan.after 1 failed payment (bank error) they then sent me this later which I received wives after the due date saying if not done they will contact the courts for a ccj to be issued.I called and they said it was sent to courts on the 24th but there is no date showing as yet but said I had 14days to respond to the courts.In the meantime I said about my job and they said send proof to them
ASAP and they will look at it but couldn't advise as it would be a conflict of interest as they work for the people taking me to court.I know until this is sorted I am going to struggle to sleep with worry.Im guessing by sending proof to them this will allow them to decide on a Tomlin?If that's the case when the court papers come through what do I do and how likely is it they accept these?

[nemesis45]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Sorry it's probably me not being clear.Restons took over the debt and I set up a payment plan.after 1 failed payment (bank error) they then sent me this later which I received wives after the due date saying if not done they will contact the courts for a ccj to be issued.I called and they said it was sent to courts on the 24th but there is no date showing as yet but said I had 14days to respond to the courts.In the meantime I said about my job and they said send proof to them
ASAP and they will look at it but couldn't advise as it would be a conflict of interest as they work for the people taking me to court.I know until this is sorted I am going to struggle to sleep with worry.Im guessing by sending proof to them this will allow them to decide on a Tomlin?If that's the case when the court papers come through what do I do and how likely is it they accept these?

So no claim has actually been sent to you yet correct?

It's very hard to predict what their attitude may be.

If/ when you receive the claim form you should acknowledge service straight away once this has been done you have 28 days from the date the claim was issued to enter a defence.

nem
nem

[Twins22]

Re: Restons/Cabot - refusal to accept a Tomlin Order

No it's on its way they told me.This was where I thought by me not receiving it as yet they would be able to stop it and come to some sort of agreement but they said they can't stop it now it's been sent to the court is that true?Sorry I'm a complete worrier and just want this sorted ASAP.