Loving Restons right now

[DoctorP]

Restons are trying to make me sign a Tomlin order for more than I can afford to pay
They had an income/expenditure form but they have decided on the basis of that to increase the amount on the Tomlin order above what I offered.
I offered £50, they now want me to sign a Tomlin order at £110. If I teel them to do one am I basically accepting a CCJ or can I insist on a lower payment.
Also they tell me there is a £100 fee for seaing a Tomlin order. Is this true?
Thanks very much

[helena]

Re: Loving Restons right now

Restons are trying to make me sign a Tomlin order for more than I can afford to pay
They had an income/expenditure form but they have decided on the basis of that to increase the amount on the Tomlin order above what I offered.
I offered £50, they now want me to sign a Tomlin order at £110. If I teel them to do one am I basically accepting a CCJ or can I insist on a lower payment.
Also they tell me there is a £100 fee for seaing a Tomlin order. Is this true?
Thanks very much

Restons are horrible. They always increase payment offers. I had offered a £15. Payment per month for a £450 catalogue debt which has around £150 of charges added to it i think, as the default amount was £300. Stepchange went through my I&e and thought it was fine. I only earn £750 per month but they replied that my offer was too low and said there client wants £30 per month and if i dont start paying it by beginning of September they will start a ccj claim. They are dreadful company to deal with......google them and you'll soon see.
YES there is a fee for tomlin order. You need to try and renegotiate with them. Did they put in writing that they would accept the first offer?
Did you ask for a tomlin order? You really need to try and stand up to them. I wish i took my own advice, its just so much stress to handle.
Good luck

[DoctorP]

Re: Loving Restons right now

Thanks for replying Helena, I know how terrible Restons are, I've had them and Cabot tied up in paperwork for over a year with DPA and CCA paperwork requests etc. I came to the decision that I won't be bullied by them; I basically wrote back and told them I will sign a Tomlin order at a figure I can afford and no more. I also demanded they send me a copy of the courts fee schedule from which they calculated the fee. Not heard anything back yet. So it looks like my fight with Restons continues. No surrender.

[Amethyst]

Re: Loving Restons right now

Just checking is this the same debt as http://legalbeagles.info/forums/show...415#post687415 ??

[DoctorP]

Re: Loving Restons right now

That's right, forgot I had posted!! Cabot had conveniently "lost" the phone call recording- somewhat expectedly. They issued an incomplete response to DPA request (IC complaint pending) and spent several months chasing their own tails but sadly no progress made for me. Refusing to give in and sign something I can't afford.

[warwick65]

Re: Loving Restons right now

Hi
A couple of questions

Is this Tomlin order a continuation of a court claim i.e have they issued a court claim and maybe at mediation you agreed to an arrangement or are you agreeing to this in order that they do not start proceedings?

Have you seen the terms of the order - what happens if you miss a payment, even by 1 day?

If this is a claim, do you have a defence or not, maybe you are just being pragmatic to avoid a CCJ- sometimes that is the best and only option depending on your circumstances

[DoctorP]

Re: Loving Restons right now

They began procedures and submitted paperwork to the court, then offered the Tomlin order; My suspicion is that they feel the threat of imminent action might force me to accept much higher payment terms. I made an offer of £50, but they sent paperwork for me to sign agreeing to £110 per month. If I sign that it will almost certainly default in the first couple of months which would lead to court proceedings anyway. I want to avoid a CCJ if I can but signing an agreement I can't afford will lead to one anyway, besides which I am pretty loath to be bullied by them (I know that might lead me into trouble, but that's just me I'm afraid). I guess I'll just have to make it as tough for them as I can.

[warwick65]

Re: Loving Restons right now

The paperwork they submitted - do you believe it complies with legislation
Obviously it is difficult to give any other options or indeed quantify the strength of your hand without more info if you are willing to give it.

I asked the rough amount because it may be worth you getting some legal advice on your position if the debt is large and there are people on here who can do that, I believe some do an initial consultation for free. Of course lawyers are lawyers and will not give you absolute answers or probably not

[DoctorP]

Re: Loving Restons right now

The debt is not huge, it's 1100 including the £100 they are charging for the tomlin order. Agee months down the line it's not completely unfeasible for me to be able to pay in full - the timing is just a bit unfortunate. All the paperwork seems to be in order, although I did wonder what is considered reasonable in handling a payment offer, and how their behaviour in demanding double the offered amount might be viewed by a judge, although I suspect this wouldn't get in the way of the judgement. I was thinking of researching with the SRA to see if they have stepped outside any guidelines in handling this that might give me something to play with. I'm afraid I have a tendency to look for the weak spot and give it a kick rather than shake hands with a bully - a trait which has the potential to make trouble for me I'm afraid

[warwick65]

Re: Loving Restons right now

OK
So if in a month or two you could pay it all off you could play hard ball and if they go to court and win- well that will take a month or two you then have 28 days to pay it in full before it becomes registered

Without more details of what happened and what letters you sent and what the defence was it becomes almost impossible to offer an opinion

I will say, by all accounts Restons are not the nicest people and have a policy of being obstructive

[helena]

Re: Loving Restons right now

Hi,
any update with this DoctorP