Restons Consent Order query

[Guest]

Way back in the mists of time, back in 2008, I came to an agreement with Reston’s by way of a Consent Order to pay £30 a month. Didn’t really like to, as felt there were lots of areas of dispute but did so as I was fighting several other debts at the same time. So I have paid for over 11 years continuously, probably paying back more than was ever lended out. I recently asked Reston’s for a copy of the original Agreement, to take a look at it as I never had it first time round, but they informed me they had no obligation to provide it. I said I would withhold the monthly payment until they could provide it, to prove their entitlement to collect the debt. They informed me again they had no obligation, and that I would be in breach of the Consent Order and they would refer back to the Court for Judgement. A couple of questions if I may. Do they not need to provide the Agreement? Does the Consent Order insulate them in some way? I recently read that a judgment made in the recent past gave Tomlinson/ Consent Orders effectively a 6 year time limit, and that after that they could not be enforced. I asked Reston’s about this but they avoided the question. Any experts? Any input would be gratefully received.

[Amethyst]

I'm afraid Restons are correct. You've agreed the consent order in lieu of having a judgment against you.*

You have been paying under the terms of the consent order, they will be entitled to enforce it if you stop paying.

Have you actually worked out how much you have paid since agreeing the consent order ?*

You could SAR the original creditor or send a SAR request to the debt owner ( won't be Reston's as they're the solicitors acting ) but unless you want the consent order enforcing potentially resulting in a CCJ against you for the next six years, I'd keep up the payments whilst you investigate.*

[Decanus]

Thanks for the reply. It was me who originally posted this, thought I was logged in! I still plan to pay them, not worth getting in trouble at this late stage, but just wondered about the Tomlin ruling I read about, and if it was worth looking into more. This link explains it a bit*https://www.farleys.com/enforcement-...tation-period/

[Amethyst]

The six years runs from breach ( ie when the order could be enforced )

[Decanus]

Ah, thank you. That makes sense now. Ah, well, no agreement for me!