Question about tomlin order?

[Bonio79]

Re: Question about tomlin order?

Yes for some reason they have a default notice from mercers s87 from 2009 but on my credit file hoist have entered the default as 25/08/2011 but I have an earlier report with the Barclays default date as 28/09/2011 that was a month after it was sold on , I don't get it .

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That thread doesn't make sense what I meant was hoist have entered an earlier date from before the date they actually bought the debt .

[Bonio79]

Re: Question about tomlin order?

Does anyone know if I make the claim to the judge that the token payment was not made by me and it was without my consent and it was not with my money , backed up by a letter from my father stating this fact , will this stand up in court as it is just my word backed up by my father? And
Does the claimant solicitor have to dispute this or does the judge decide whether this is relevant?

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Should I start a new thread as this is not about the tomlin order this is relating to my disputed statute barred defence , im new to this forum and I am not sure how it works.

[warwick65]

Re: Question about tomlin order?

Hi Bonio

You never know - Judges are funny animals, just human like the rest of us. You might get one who is pro justice or you might get one that thinks you are a DDD - dirty debt dodger .
If you are looking at a DRO anyway , what is the harm in giving it a go.
If you want to avoid adverse credit markers then the Tomlinson is the way to go but are there others debts that may bite you on the bum later?

[Bonio79]

Re: Question about tomlin order?

No all my other debts are statute barred and have dropped off my credit file this one is due to drop off in august but I'm in court tomorrow and I'm still unsure what to do I could try an argue that I believe The debt is statute barred as the last payment I personally made was Nov 2010 of £215 after I lost my job I stopped paying, whilst I was out of the country my father made a token payment without my knowledge of £21 covering all the creditors in my dmp over the three months I stopped paying , of which they received £3 representing £1 a month , the last payment was made on 16th Feb 2011 which they received from payplan on the 28 th Feb and in the witness statement from them it states that they served the claim on 16th Jan 2017 so if it wasn't for this £3 token payment without my authority or knowledge I would be a couple of months clear of the 6 year time frame

[Bonio79]

Re: Question about tomlin order?

I have a bank statement showing the payment on the 16th Feb from my dads account and a letter from my dad saying he did not have my permission to pay this and that he paid it because he was under pressure from payplan to make a token payment as he could not get in touch with me to get my consent he made the decision to pay it , despite the fact I told him I could not pay it and had no intention of doing so from then on, it was his money , so technically I didn't pay it , and he didn't have my consent to act as my agent , is there a legal basis for this argument?

[Bonio79]

Re: Question about tomlin order?

Does anyone know if my dad needed a letter of consent to give the legal authority for him to act as my power of attorney or a third party mandate in order for him to make a payment on my behalf without my knowledge in order for me to be deemed responsible for that payment.

[warwick65]

Re: Question about tomlin order?

I think , but again am not sure, they would need to show the payment was made with your agreement. If they did not have a signed mandate they might struggle.

Did you include any of this in your witness statement or did the payment come to light after you had submitted one

[Bonio79]

Re: Question about tomlin order?

No it was a simple statute barred template , I wasn't aware of this payment at the time . So will I be able to say this in court ? My argument is I believe the debt is statute barred as the last payment I made means that the debt is , but the token payment which was made by my dad was without legal authority .

[charitynjw]

Re: Question about tomlin order?

Could you give us a clearer idea of why, or how, payplan was dealing with a third party (dad), on issues concerning your account, without your express permission?

[Bonio79]

Re: Question about tomlin order?

I had stopped paying payplan after I lost my job in Nov 2010 I fell out with my dad and I went to Australia for 3 months to stay with family in Feb 2011 payplan rang my dads to try and get payment from me but pressured my dad into paying a token payment of £1 to each of my creditors to cover the three months after I stopped paying he made £21 payment which hoist received £3 but I didn't give him permission there was no agreement between us for him to act as power of attorney for me and it was his own money from his own account , my dispute is that the cause of action was not his payment because he acted without my authority and the cause of action in regards to my statute barred defence was nov 2010 the last payment I made to payplan who were acting as my agent for a dmp , I don't know if this is legal .