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Is TOMLIN ORDER good or bad?

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  • Is TOMLIN ORDER good or bad?

    I really need a good advice on this.
    Debt Collector is trying to take me to Court. They did not deliver proper documents so Mediation has been cancelled. Did not receive Witness Statement letter yet.

    Debt Collector sent me a letter saying we could arrange payment plant. Here is me, thinking if I agree, the Court will be “cancelled” and I’ll be paying them monthly, so I did.

    Here is the replay from them: “we accept your offer of monthly payments, THIS WOULD GO DOWN THE ROUTE OF A TOMLIN ORDER”

    I have no idea what Tomlin Order means. Google says it’s still a Court route. Is this a good thing? Is this a bad thing? What should I do?
    Tags: None

  • #2
    A 'Tomlin Order' is a c9urt order with a confidential schedule stating the agreed terms. This may not be a problem, unless you think you may need to enforce those terms.

    ​​​​​​First things first - negotiate the terms!
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Originally posted by atticus View Post

      ​​​​​​First things first - negotiate the terms!
      I would like to know if I don’t agree to Tomlin Order, just to monthly payments, would they drop a case or still carry on? Or is Tomlin Order their “insurance” to get the money?

      And could I get some help with negotiating terms? I’m a bit clueless when it comes to law.
      They did not send any details at all. Did not even mention total amount of Debt (on Claim Form they added some charges for their solicitor. Do I have to pay for that too?)
      I really don’t know where to even start.

      I definitely will pay them off because idea of Court is too stressful and I’m willing to do whatever it takes to avoid it.

      Just need a little guidance

      Comment


      • #4
        Only you know what you can afford. I thought you said you had offered to pay by instalments. What instalments did you offer, i.e. how much per instalment, how many instalments, and at what intervals?

        Maybe CAB or a charity like Stepchange can assist you with negotiating something suitable for you.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          Only you know what you can afford. I thought you said you had offered to pay by instalments. What instalments did you offer, i.e. how much per instalment, how many instalments, and at what intervals?

          Maybe CAB or a charity like Stepchange can assist you with negotiating something suitable for you.
          I offered £1 monthly payment for next 4 months, till I’m back to health and hopefully will be able to go back to work. And review my payments then.
          Was not really negotiating anything yet. It’s just all I can afford at the moment.
          And just learned today what Tomlin Order is

          I did some reading on this website and I believe there is a £100 fee for Tomlin Order, because Court has to get involved and has to approve?
          I’m kind of liking this Tomlin Order less and less but it seems like it’s the only way to avoid Court route and CCJ…

          Thank you for being so patient with me. My simple mind is constantly learning x

          Comment


          • #6
            atticus I don’t suppose you know this. Is Tomlin Order just a kind of agreement, or does it give Debt Collectors rights to access our financial statements and health records?

            Comment


            • #7
              It is just a settlement agreement, with privacy added.

              Comment


              • #8
                I do suppose I know that. It does not.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment

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