Help on a Tomlin Order

[excel1]

I have a colleague who has a Tomlin Order in please for 2 debts owed to Asset Link Capital(storecards from Debenhams and Dorothy Perkins).

She has put a CCA request in on both accounts and has received some paperwork but not the original Credit Agreements or the Deeds of Assignment. If Asset Link do not have these agreements can the Tomlin Order be challenged?

I am aware that my friend signed this paperwork but it's worth asking the question?!

Details of the order listed below.



In the northampton CCBC Couty Court Claim no xxxxxxxxxx

Between Asset Link(Claimant) and my friend the defendent.

By consent it is ordered that all further proceedings against the defendant herein be stayed upon the terms set out in the schedule hereto save the purpose of enforcing the said terms with liberty to apply for such purpose.

Schedule.

1. The defendant do pay the claimant the sum of £xxxx.xx (inclusive of costs and interest) by xxx equal instalments of £xx.xx and one final instalment of £xx.xx, the first such instalment to be paid on or before the 15th day of January 2007 and the second and each subsequent instalment to be paid on or before the 15th day of each consecutive month thereafter.
2. The aforesaid payment of £xxxx.xx is to be in full and final satisfaction of the clainmants claim against the defendant in this action.
3. In the event of the whole or any part of the aforesaid instalment being unpaid upon its due date the claimant shall be at liberty to enter judgment against the defendant for the said sum of £xxxx.xx or such part as shall then remain outstanding.

There is then the consent of Asset Link and my friend.

[Guest]

Re: Help on a Tomlin Order

If she had wanted to question the validity of the debts, then the time was before the creditor took her to court.

By signing this order and consenting to repay, she has accepted that they exist and that the money is owed.

The order itself is merely sets out the terms upon which the debt should be paid and is an agreement between the parties, endorsed by the court. It does not, in itself make the debt enforceable. The creditor would still have to apply to the court to obtain judgment, at which point their claim could in theory, be challenged.

What does she hope to achieve?

[excel1]

Re: Help on a Tomlin Order

Should the Credit Agreements be confirmed as not available then she would want to challenge the Tomlin Order in court.

Would this be a dangerous gamble based on the fact that the Tomlin Order is in place? I presume if she lost she would then incur court fees as well?

[Guest]

Re: Help on a Tomlin Order

Given that the case progressed to court and she agreed to pay the debt, agreed by the Tomlin Order, what does she hope to achieve? She can hardly pretend now the that the money is no longer owed can she?

A debt is a property right referred to in law as a chose in action. Statements are admissible as evidence in court to prove transactions going through an account. Therefore they are evidence that a person has received money or purchases under an account. She could dispute these but would need to give a convincing explanation as to why she is doing this now. Not only that, the Tomlin Order itself, that she signed, would serve as compelling evidence that she is aware of the debt. Therefore, it is not necessary for a creditor to supply the agreement in order to prove the debt exists or that she, as the borrower has to pay it back.

You state in post one that you are aware that your friend "signed this paperwork" so presumably she owes the money.

There is always going to be a risk of exposure to costs in any litigation and also bear in mind that challenging this order may simply make it void and make the debt repayable in full immediately.

[stevokenevo]

Re: Help on a Tomlin Order

It would appear to me, that your friend has heard little bits of info e.g if there is no signed or properly executed credit agreements, then debts could be potentialy be written off? and, after acknowledging the debt previously, fancies the idea of dodging this debt if possible?

Correct me if im wrong.

Neither this group, nor any self respecting group or forum advocate debt avoidence, but instead can help with managing your debts.

[Budgie]

Re: Help on a Tomlin Order

Were there any default charges applied to the accounts in question ??

If so, have these been claimed back ?

Budgie