Tomlin order ?

[Hamish12]

Hi All

I was taken to court by Idem for non payment of a debt they said I owed. I do owe money to various companies and am paying via Stepchange but I didnt recognise the debt they were claiming for. It is apparently for an overdraft and I do have a credit card from this company but no recollection of an overdraft.

I sent a defence to the courts saying I had no knowledge of this debt and hadnt received any correspondance until I received notification of court action. I asked for my orginal agreement to confirm I owed this company and copies of assignment letters.

They have sent through copy statements from Stepchange showing I have been paying an amount and copies of assignment letters. I find it very strange that this has happened in that I received no assignments letters through the post but received court action without trouble and also regards to Stepchange could there have been a situtation where this Company confused the CC payments or asked Stepchange directly to pay money. No agreement or correspondence from me tieing me to this overdraft has been provided it all seems to be asignments and statements.

They have now written directly to me asking me to sign a ' Tomlin ' order and I dont know what this is. Also why are they not going through the court anymore and writing to me direclty. Could someone offer any advise ?

[nemesis45]

Re: Tomlin order ?

HI Tomlin order/Consent Order Stays the court proceedings while agreed payments are made to a creditor. If agreed payments are stopped or missed the claimant can immediately seek judgement.

It would help if you could post up the terms of the order.

nem

[Diana M]

Re: Tomlin order ?

Tomlin order/Consent Order Stays the court proceedings while agreed payments are made to a creditor. If agreed payments are stopped or missed the claimant can immediately seek judgement.

nem

That depends on how the Tomlin Order is drafted.

A Tomlin Order can include all sorts of things such as 'liberty to apply to vary' (by either party) or 'no judgment without return to court' etc.

Di

[Kati]

Re: Tomlin order ?

https://www.stepchange.org/debt-info...lin-order.aspx

The Tomlin order process

1. Your lender applies to the court for a CCJ
2. You and the lender come to an agreement that the court proceedings will be put on hold or ‘stayed’ indefinitely, as long as you make agreed payments to them
3. If you miss any payments, the court proceedings resume and you’ll get a CCJ

[Diana M]

Re: Tomlin order ?

I was taken to court by Idem for non payment of a debt they said I owed. I do owe money to various companies and am paying via Stepchange but I didnt recognise the debt they were claiming for. It is apparently for an overdraft and I do have a credit card from this company but no recollection of an overdraft.

I sent a defence to the courts saying I had no knowledge of this debt and hadnt received any correspondance until I received notification of court action. I asked for my orginal agreement to confirm I owed this company and copies of assignment letters.
. . .
They have now written directly to me asking me to sign a ' Tomlin ' order and I dont know what this is. Also why are they not going through the court anymore and writing to me direclty. Could someone offer any advise ?

What stage have these legal proceedings reached?

You say you filed a Defence which the court will have served on the Claimant giving them 28 days to inform the court if they intend to continue with the proceedings or the claim will be stayed (a pause button on the case).

So have you now received a Directions Questionnaire from the court or has the claim been stayed which is why the Claimant's solicitors have written to you with a draft Tomlin Order in the hope that you'll settle direct with them?

Or has the claim been transferred to your local county court and/or been listed for a Hearing?

Also was your request for a copy of the credit agreement made as a formal s 77-79 CCA Request together with a postal order for £1 for the statutory fee?

Also just because the Claimant says it's an overdraft that doesn't necessary mean it it/was.

Di

[Diana M]

Re: Tomlin order ?

https://www.stepchange.org/debt-info...lin-order.aspx

That is an oversimplification of a Tomlin Order posted on a debt charity website.

It does not embrace any or all of the legalities and options available to either/both parties when a qualified lawyer negotiates the terms and then drafts a Tomlin Order.

Di

[Kati]

Re: Tomlin order ?

That is an oversimplification of a Tomlin Order posted on a debt charity website.

It does not embrace any or all of the legalities and options available to either/both parties when a qualified lawyer negotiates the terms and then drafts a Tomlin Order.

Di

it may be oversimplified, but as the OP mentioned StepChange in the first post it is still useful as it shows SC's take on Tomlin Orders (in terms that those of us uneducated in law can understand)

[Hamish12]

Re: Tomlin order ?

Hi Everyone, thankyou very much for your help so far.

I will answer as best as I can

I received notifciation that the claim was sent to my local court and I would hear the judges direction in due course.

The request for the credit agreement was not done formally, I requested one in my defence to the court.

About a month later I rang Idem and asked if they had recieved any confirmation of any agreement. They said they had until June 21st to obtain one.


I have heard nothing at all from the courts or Idem until this letter about a 'Tomlin' order was received yesterday directly from Idem.


I dont have the documents on me so cannot say what the terms of the Tomlin order are at the moment

[Kati]

Re: Tomlin order ?

I dont have the documents on me so cannot say what the terms of the Tomlin order are at the moment

it would be helpful if you could post them up later on (so you can get the right advice) xx

[warwick65]

Re: Tomlin order ?

it may be oversimplified, but as the OP mentioned StepChange in the first post it is still useful as it shows SC's take on Tomlin Orders (in terms that those of us uneducated in law can understand)

This is my gripe with debt charities and other groups who claim to help people in need such as gamcare, alcohol abuse etc, just how neutral are they because we know where their funding comes from. The alcohol industry does a wonderful job of making us think alcohol is not a deadly drug. Now when does the pub open?

[Diana M]

Re: Tomlin order ?

I received notifciation that the claim was sent to my local court and I would hear the judges direction in due course.

The request for the credit agreement was not done formally, I requested one in my defence to the court.

About a month later I rang Idem and asked if they had recieved any confirmation of any agreement. They said they had until June 21st to obtain one.

I have heard nothing at all from the courts or Idem until this letter about a 'Tomlin' order was received yesterday directly from Idem.

The next thing you need to do swiftly is send a formal s 77-79 CCA Request to the Claimant (IDEM?) with a copy to the solicitors named on the claim form (which firm is it?).

There's a link to a template letter on this forum here > http://legalbeagles.info/library/gui...etter-example/

What is/was the significance of the "June 21st" date reference?

The court can sometimes take weeks to send out the Notice of Hearing with Directions stating who has to do what and by when.

You'll be required to file a Witness Statement usually two weeks before the hearing (or it can be date-specific) but depending on what unfolds you may also need to file an Amended Defence to reflect non-compliance with your s 77-79 CCA Request (at least one hopes that they'll not be able to comply )

I think you need to establish your legal position before you can decided whether you need to settle this claim or contest it.

The Claimant wants you to sign a Tomlin Order drafted on their terms. You may not wish to agree to those terms. You may want to include your own terms in any Tomlin Order (you have the freedom to negotiate that).

You may also want to invite them to Discontinue their claim if it becomes clear it's hopeless.

Who was the original creditor and how much is being claimed? You've not mentioned anything about receiving a Directions Questionnaire from the court where you would have been given the option to settle the dispute with free telephone Mediation if the claim is under £10k.

I wouldn't phone Idem again until things become clearer. They're not going to be advising you objectively.

Di

[Hamish12]

Re: Tomlin order ?

Hi Everyone

This is the Tomlin order detail I was sent

1 The defendant will pay or cause to be paid the Claimant the sum of £4234.98 comprising 3994.82 in resoect of the balance due uner the terms of the agreement tother with the Claimants legal costs in the sum of £365 less payments received in the sum of £124.84 ( collectively referred to as the ' settlement sum ) by monthly instalments of £31.21 in the manner set out below.

2. The said sum of £4234.98 shall be paid by the Defemdant to the Claimant by 12 initial instalments of £31.21 per calander month with the first payment to be made in cleared funds on or before 30th September 2017 and subsequent payments to be made on or before the 30th day each subsequent month.


3. After the expiry of the intial 12 month period the Claimant will send an income and expenditure form and send to the Claimant with supporting information. The Claimant will review and agree a revised instalment with the Defendant in line with the Defendants affordability.

4. In the event that the Defendant fails to make payments referred to in Para 1 or 2 of the above schedule above and or fails to comply with the requirements of Paara 3 then the Claimant shall be entitled to apply to theCourt to lift the stay of proceddings and enter judgement against the Defendant for the sum of £4234.98 less any payments received including interest and costs.

5. Provided aforesaid payments are made as schedules in Para 1 above and the Defendant complies with Para 2 the Claimant and Defendant will accept the same in full and final settlement of any and all claims they have had or may have against one another arising out of or in connection with the subject matter of these procedings.

6. The Parties agree that the contents of this order are and shall remain confidentital as between them , save only to the extent that the disclosure of its terms shall be permitted by further court order to allow the parties to take legal and / or accountancy advice upon its contents. Neither the Claimant nor the Defendant will permit their servants or agents to disclose he terms of this order to any third party.


And there we have it. There is an agreement mentioned in it but they havent sent me a copy or anything signed by me to confirm this debt.

[Hamish12]

Re: Tomlin order ?

Bounce

[warwick65]

Re: Tomlin order ?

I have not seen a Tomlin before but I really do not like paragraph 3 because they then decide how much you will pay after 12 months.

I also don't like para 4 because, should the arrangement fail they will add interest and some unspecified rate.
[MENTION=87380]Diana M[/MENTION]

[Hamish12]

Re: Tomlin order ?

They have also only given me 7 days to sign it which isnt long enough for me to request a copy of the credit agreement whcih gives them 12 days to supply it.

If they had the credit agreement would they not have included it in the 'supporting' paperwork they had ie bank statements and copy assignment letters. I read somewhere that they dont have to have a signature signed agreement from me now but do need something to confirm my address at the time this supposed O/D was taken out and terms and conditions of the agreement but I have had nothing supplied about the basis of this account at all.