Question about tomlin order?

[Bonio79]

Hi I'm in court on 24th may 2017 regarding a debt bought from Barclays by hoist portfolio ltd , I put in a defence of statute barred but they have since told me it's invalid due to a token payment made 5years 11 months ago but that payment wasn't authorised by me it was made by my dad whilst I was out of the country without my permission, so anyway I got in touch with Howard and cohen who are hoists legal representation and made them an offer they made a counter offer and told me they could issue a tomlin order so I don't get a ccj but they want £3500 but they're claiming £5425 on my court documents, what should I do , any suggestions would be greatly appreciated thanks .

[Amethyst]

Re: Question about tomlin order?

What was the original debt - credit card/loan/overdraft ?

Are they asking for the £3500 in one lump sum ( and can you do that ?) or over a period via installments ?

The 5 years 11 months - is that prior to the date of issue of the claim ?
Do you/they have evidence that this payment was made by your Dad on that date? Is it disputed or correct ?

Have you already submitted Witness Statements ? Do you have theirs ?

The Tomlin will say something along the lines of the claim will stay in court until the £3500 has been paid, if you default then they get judgment for the full amount automatically, if you pay it off they discontinue the claim.

[Bonio79]

Re: Question about tomlin order?

What was the original debt - credit card/loan/overdraft ?

Are they asking for the £3500 in one lump sum ( and can you do that ?) or over a period via installments ?

The 5 years 11 months - is that prior to the date of issue of the claim ?

Have you already submitted Witness Statements ? Do you have theirs ?

Hi thanks for the reply , originally it refers to a unsecured credit card debt with Barclay card but I defaulted and the debt was sold to mkdp llp then hoist portfolio ltd , they sent to me a letter before action 20th sept 2016 I failed to reply then they issued a claim with Northampton county court electronically on 10th Jan 2017 deemed served by 16th Jan 2017 they denied my SB defence in the witness statement due to a £1.00 payment made on the 28th Feb 2011 through payplan who where acting as my agent for debt management plan, in regards to the offer I think I can pay part lump sum then the rest in instalments .

[Bonio79]

Re: Question about tomlin order?

In regards to the £1.00 payment it was not made by me it was made to payplan who I had debt management plan with by my father, without my consent off his own back whilst I was out of the country I had stopped paying into the dmp when I lost my job in Nov 2010 and the token payment was made by my dad 28th of Feb 2011 ,do I have a legal argument in regards to the payment authority of the last payment as it is the cause of action .

[Bonio79]

Re: Question about tomlin order?

If I offered £2500 as full and final settlement would it still be classed as a tomlin order and would they remove the entry on my credit file ?

[charitynjw]

Re: Question about tomlin order?

An alleged debt of circa £5.5k is hinging on an alleged £1 payment, & who paid it?
I would imagine that will be fiercely contested.
They have to show that, in the balance of probabilities, it was you.
But you'd be wise to have unequivocal proof that you did not, and that if there was anything paid in it was without your express consent or knowledge.
How did your father access your payplan account?

[Bonio79]

Re: Question about tomlin order?

Payplan were pestering my dad because I had stopped paying and so he paid it electronically as he had acces to my password as it was on auto save on my computer , obviously he thought he was doing me favour at the time but in hindsight he wasn't , I told him I wasn't paying a penny more to payplan after I lost my job three months before the final payment which he made .

[Bonio79]

Re: Question about tomlin order?

Hi does anyone know of other cases which featured a contested statute barred defence based on a single token payment without authority?

[charitynjw]

Re: Question about tomlin order?

If it were me I'd be sending a SAR to payplan to see what their records show.
& use that as a starting point.
https://www.payplan.com/legal/privacy-policy/

[Bonio79]

Re: Question about tomlin order?

I've already spoke to them all that their records show is an electronic token payment of £1.00 from my dads account, I'm thinking about just getting a DRO before it goes to court , like apply tomorrow.

[charitynjw]

Re: Question about tomlin order?

Verbal is probably not much good.
I would guess that you would need to have solid, reliable evidence, the more 'official' the better.
I don't know too much about Debt Relief Orders or Debt Management Plans.
@Debt Camel would be your Huckleberry!

[Kati]

Re: Question about tomlin order?

@Debt Camel would be your Huckleberry!

hopefully she sees the tag and replies asap xx

[warwick65]

Re: Question about tomlin order?

Were you in europe or somewhere that requires entry and exit stamps at the time the payment was made. Do you still have your passport

I would say that showing you were not in the country would go someway in showing you did not make the payments and the fact there were no payments in the months pre and post would also suggest this was made by a 3rd party without your consent

I am assuming this is not your only debt - what is the approx total of debts

personally to some extent i regret not going BR in 2011 but I had very valid reasons at the time for not doing so

[Bonio79]

Re: Question about tomlin order?

Thank you everybody who has replied to my thread, I think my argument has no legal basis so I'm gonna try and make a full and final offer to settle before court on Wednesday, otherwise it's a DRO and a further 6 years bad credit on my file either way , if I go to court I'll get a ccj if I apply for dro same outcome just less to pay out or make a reduced offer and see how that goes , it's a shame they beat the clock by about 6 weeks because of that £1.00 payment.

[Amethyst]

Re: Question about tomlin order?

Hiya,

The Tomlin order should be quite straightforward if you are offering a lump sum and installments - it really depends how much you offer as installments and over what period whether they will accept that. You must make sure it is affordable as the Tomlin will be worded in such a way that if you miss a payment, or are late with a payment, they will apply for the judgment and you will have a CCJ with all the enforcement options and credit file stresses that brings with it. You wouldn't then be able to defend their claim.

Also the debt will not be removed from your credit file but it will be marked as satisfied/settled once the agreed sum has been paid off. However, as you were already on payplan and almost statute barred from that last payment, then presumably the account had defaulted prior to 2011 and it should be due to drop off your file now anyway - it should be on there 6 years from the date of default. Do you have access to your current file - does it still show and does it show when it is due to fall off ? Might just be not worth the effort arguing and potentially lessening your negotiating position if its going to vanish in a couple months anyway.

unsecured credit card debt with Barclay card but I defaulted and the debt was sold to mkdp llp then hoist portfolio ltd ,

I don't suppose you happened to have sent them a CCA request or anything ? or did you simply defend only on the statute barred issue ? did they submit a witness statement with copies of all the documents they intend to rely on ?

It would mean an amendment and it is rather late but there may be other defences you could look at. I do get the sense you just want it over with though.