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TOMLIN ORDER defaulting costs.
Hi, i am the claimant and have signed a tomlin order. The defendant was a tradesman giving poor service. Although i had not yet paid him I was taking him to court to settle one way or the other, who is responsible for costs, i was also claiming for damages to property from him. As this had been going around in circles for 2.5yrs due to the appalling service given by DAS, i decided to give up and decided to go the mediation route.
Mediation was eventually arranged after the court instruction a year previous to this, the time taken due to defendant lack of co-operation.
Due to DAS having an interest in recovering costs and having a say on the offers i needed to make. DAS was required and failed to arrange someone present at the mediation having authority to give permission to the various offers, as and when required. Due to my barrister keep having to phone, then wait for a response from DAS headquarters, the time allotted was wasted which eventually ran out. short story is, at the 11:59 hr, the mediator standing in the door way, ready to leave, says `last chance to make a decision...do you, or do you not want to take this offer, £2000 (i pay defendant)?..you have 2 min to make your mind up`,* i was shown the details of the `Tomlin Order` to which due to the pressure from everyone i only glanced through it, i then said ok i`ll agree to it.
The deal was, i pay the defendant £2000. The Tomlin Order has the usual wording on the `order` half and the `schedule` half * has 3 clauses, one restricting my (and only me) freedom of speech (but not showing what would happen if i default) and the other showing i had to pay the £2000 or i would be charged enforcing this.
After returning from mediation, i have come to realise my errors agreeing such terms, as i have been `left holding the baby` as i now have to pay ALL my initial claim that i wanted from the tradesman to do repair work around £10,000 but i have agreed to pay the £2000 on top, even though DAS had agreed to me lowering the lowing of offers made, they are not now covering me for the* £10,000 claim.
Incidentally, i have made a complaint to DAS (pointless going into here) they have told me "they consider the case is now closed", (even though the `Tomlin Order` does not yet come into effect for another week), "they will not discuss the matter, if i have a complaint, use the usual procedures".
O.K. now for my questions.
From what i have now read of `tomlin orders`, am i right thinking that on the recovery of defaulting the £2000. Will I only ever be charged a maximum, including recovery costs totaling £2000. ? (due to the max limitation of the initial payment). ie there are no other legal fees generated added.
Am i right thinking that the `social media` clause is not enforceable due to not stating what would happen if defaulted on, and also not having any monitory value?....could there still be charges generated from legal costs enforcing this.?
I realise that if i default, this would open up the possibility for either parties to making a claim. As i was the initial claimant, i`m not really too fassed about that....i would use a different solicitor that`s for sure. DAS had assessed the prospect of recovery to be around 60-75% while still not considering half my evidence.
Can you identify any other faults in the Tomlin Order that are of interest.?
Thanks in advance.
Jo Bloggs.
*
Mediation was eventually arranged after the court instruction a year previous to this, the time taken due to defendant lack of co-operation.
Due to DAS having an interest in recovering costs and having a say on the offers i needed to make. DAS was required and failed to arrange someone present at the mediation having authority to give permission to the various offers, as and when required. Due to my barrister keep having to phone, then wait for a response from DAS headquarters, the time allotted was wasted which eventually ran out. short story is, at the 11:59 hr, the mediator standing in the door way, ready to leave, says `last chance to make a decision...do you, or do you not want to take this offer, £2000 (i pay defendant)?..you have 2 min to make your mind up`,* i was shown the details of the `Tomlin Order` to which due to the pressure from everyone i only glanced through it, i then said ok i`ll agree to it.
The deal was, i pay the defendant £2000. The Tomlin Order has the usual wording on the `order` half and the `schedule` half * has 3 clauses, one restricting my (and only me) freedom of speech (but not showing what would happen if i default) and the other showing i had to pay the £2000 or i would be charged enforcing this.
After returning from mediation, i have come to realise my errors agreeing such terms, as i have been `left holding the baby` as i now have to pay ALL my initial claim that i wanted from the tradesman to do repair work around £10,000 but i have agreed to pay the £2000 on top, even though DAS had agreed to me lowering the lowing of offers made, they are not now covering me for the* £10,000 claim.
Incidentally, i have made a complaint to DAS (pointless going into here) they have told me "they consider the case is now closed", (even though the `Tomlin Order` does not yet come into effect for another week), "they will not discuss the matter, if i have a complaint, use the usual procedures".
O.K. now for my questions.
From what i have now read of `tomlin orders`, am i right thinking that on the recovery of defaulting the £2000. Will I only ever be charged a maximum, including recovery costs totaling £2000. ? (due to the max limitation of the initial payment). ie there are no other legal fees generated added.
Am i right thinking that the `social media` clause is not enforceable due to not stating what would happen if defaulted on, and also not having any monitory value?....could there still be charges generated from legal costs enforcing this.?
I realise that if i default, this would open up the possibility for either parties to making a claim. As i was the initial claimant, i`m not really too fassed about that....i would use a different solicitor that`s for sure. DAS had assessed the prospect of recovery to be around 60-75% while still not considering half my evidence.
Can you identify any other faults in the Tomlin Order that are of interest.?
Thanks in advance.
Jo Bloggs.
*
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