Tomlin Order Query

[gollum]

Hi,

I've searched and searched for the answer to this but cannot seem to find the answer so hoping someone here can help?

If a Defendant has defaulted on the terms of a current Tomlin Order, can the Claimant simply ignore its existence and start fresh proceedings without first applying to the Court to either enforce the original Tomlin Order or discontinue the original Claim?

Thanks, Gollum

[Sam101]

If an order has been agreed by the Court, then you need to apply to the court for their order if one is in default. It is the way you will be protected.

[jaguarsuk]

As Sam101 states you need to apply to the court for enforcement. You already have a judgement, so there is no need to have the matter go through the courts again.

Does the order include 'Leave to Apply' as a term?

If the value of the sum owing is more that £600 you apply to the High Court for a Writ of Control and if below to the County Court for a Warrant of Control.

Depending on which you get you instruct High Court Enforcement Officers to enforce the Writ or Bailiffs to enforce the Warrant.

[gollum]

I'm the defendant, not the claimant.

I did get the answer I needed from a solicitor as it happens but thank you both for your responses.

Gollum