Tomlin Order Stalemate

[Legaleased]

I'm currently negotiating a Tomlin order with Optima. They have backed down on a few things they wanted to put into the original agreement but are now holding firm on a couple of stipulations that I don't agree with.

One of these is a confidentiality agreement. I don't see why this is needed but I may be prepared to let this go.

I'm not sure if I should post the rest on here IF I am to allow that clause.

I won't go into detail but because of the way the have treated me over the last 18 months I don't trust them at all. It has taken a lot of time and aggravation to finally get them to the point where I can start paying this back with nothing added on top so I'd like to engage a solicitor to take a look at the final agreement, tell me if the clauses are reasonable and recommend any clauses that I need to add.

I've been in contact with a local solicitor. They want to charge me £500 to look over the letter and would prefer to look over the whole history of the case. This is around 18 months and 20+ letters. I've never disputed the debt or refused to make payments. I just need someone to look at the contract and maybe the last 2 or 3 letters and give me some quick contract advice.

Is there anyone that can do this? I can provide letters from both parties in hard or soft copy.

Thanks in advance.

[maruvian]

Re: Tomlin Order Stalemate

What is the Tomlin order for?? i.e what was the original debt? The problem is with a Tomlin order it can used to make an unenforceable debt enforceable. If a a creditor has no credit agreement and the debt is pre 2007 then the debt cannot be enforced, however once a Tomlin order is agreed then if the terms of the order are broken then the creditor can enforce.

This explains a bit about them Tomlin: a guide to use and abuse | The Law Gazette

[Mr Muffet]

Re: Tomlin Order Stalemate

I'm currently negotiating a Tomlin order with Optima. They have backed down on a few things they wanted to put into the original agreement but are now holding firm on a couple of stipulations that I don't agree with.

One of these is a confidentiality agreement. I don't see why this is needed but I may be prepared to let this go.

I'm not sure if I should post the rest on here IF I am to allow that clause.

I won't go into detail but because of the way the have treated me over the last 18 months I don't trust them at all. It has taken a lot of time and aggravation to finally get them to the point where I can start paying this back with nothing added on top so I'd like to engage a solicitor to take a look at the final agreement, tell me if the clauses are reasonable and recommend any clauses that I need to add.

I've been in contact with a local solicitor. They want to charge me £500 to look over the letter and would prefer to look over the whole history of the case. This is around 18 months and 20+ letters. I've never disputed the debt or refused to make payments. I just need someone to look at the contract and maybe the last 2 or 3 letters and give me some quick contract advice.

Is there anyone that can do this? I can provide letters from both parties in hard or soft copy.

Thanks in advance.

I guess you could advise them, that unless they agree to ALL your terms.. you wont agree to confidentiality !

[Legaleased]

Re: Tomlin Order Stalemate

The debt is around £12,000 and I've never disputed owing the money. I believe their paperwork makes the debt enforceable.

I'm not at this stage trying to get out of paying them. Loathe though I am to hand over money to any company that treats their customers so badly.

All I've wanted from day 1 is to make manageable monthly payment towards paying off what I owe without any ludicrous add-ons like the thousands of pounds worth of legal fees and interest they have tried to add.

I don't have massive amounts of money to pay for a solicitor to go through the 18 month case history. I just want someone to look at the Tomlin order they are proposing and advise what it should and shouldn't include from my perspective.

[Legaleased]

Re: Tomlin Order Stalemate

I guess you could advise them, that unless they agree to ALL your terms.. you wont agree to confidentiality !

This is the second round of amendments. They took some off but won't back down on the last 2 or 3. I've told them that I need to speak to a solicitor and this is what I'm hoping to do - I just don't want to spend thousands.

[Gorang]

Re: Tomlin Order Stalemate

I believe their paperwork makes the debt enforceable.

In that case then I would NOT enter a tomlin order AT ALL, pure a simply because it can be, and does get abused, also if the debt can be enforced why do they need you to sign a confidentiality agreement.

IMHO This screams out to me, that they have sumit to hide or they have/are not done everything by the book, in which case they prob think you have a good chance to fight this in a court in front of a judge

If the debt CAN be enforced and they have NOTHING to hide, and you are willing to pay the debt, then,
I would be sending them a income and expenditue breakdown stating the MAXIMUM amount that you can afford to pay them,
and also state that is the ONLY offer that is on the table as it is the MAXIMUM that you can afford so, take it or take me to court.
As if they do take you to court
1. They need to prove the debt is enforcable
2. You can show a judge your income and expendeture
3. You can show the reasons WHY it has got to this stage
4. You can show a judge you have offered the MAX amount you can afford each month
5. You can show a judge they have not been reasonable (if they haven't)
6. A judge will not make you pay an amount that you CAN'T afford

and prob more reasons than that

If you think that there is sumit that they have done wrong or not right or the debt has a chance of becoming unenforcable then I personally would challange it, but thats me

But if you gave me the choice between a Tomlin order (especially one with a gagging order) or court, I'd pick court every day of the week and twice on a sunday

[MIKE770]

Re: Tomlin Order Stalemate

This one does smell, have they got a CCA which is enforecable, seems they are scooting around, makes me wonder as most CCAs MBNA are suspect.////?

Hope you are not being the nice guy they are trying to take advantage of?