Tomlinson Order with Restons

[Quasar]

Good Noon All,

I currently have a Tomlinson Order with Restons and i only agreed to start paying them as they got a court order.

Now, ive been told what i should have done what to send them a CCA ( a prove it ) and if they couldnt, i wouldnt have had to pay anything.

Is it too late now to send them a CCA and if they cannot prove anything, will i be able to claim any money back i have so far paid them ?

Thanks
Q

[Quasar]

Re: Tomlinson Order with Restons

any ideas ? would like to know if can stop Tomlin order and not be penalised.

[nemesis45]

Re: Tomlinson Order with Restons

Good Noon All,

I currently have a Tomlinson Order with Restons and i only agreed to start paying them as they got a court order.

Now, ive been told what i should have done what to send them a CCA ( a prove it ) and if they couldnt, i wouldnt have had to pay anything.

Is it too late now to send them a CCA and if they cannot prove anything, will i be able to claim any money back i have so far paid them ?

Thanks
Q

Hello Q,

A Tomlin (consent) order is usual used to stop a judgement by arrangement agreed by the parties to claim, do you mean you agreed to the TO as a claim has been issued?

If a judgement has been made then a CCA request has no value the judgement order supercedes it totally.


nem

[FlamingParrot]

Re: Tomlinson Order with Restons

If you agreed to a Tomlin Order it would have been because they'd issued a claim that you were not confident to defend. The order stays proceedings as long as you keep to the terms but if you default, they can request judgment. :scared:

Technically the claimant whoever they were (not Restons acting for them) would still have a duty to respond to a CCA request since judgment has not been obtained and it will only cost you £1, however, non compliance with a CCA request wouldn't give you the right to stop payments under the order, let alone claim back any payments already made.

Also note that a prove it letter is not the same as a CCA request made under ss77-79 of the CCA.

[FlamingParrot]

Re: Tomlinson Order with Restons

A Tomlin (consent) order is usual used to stop a judgement by arrangement agreed by the parties to claim, do you mean you agreed to the TO as a claim has been issued?


If a judgement has been made then a CCA request has no value the judgement order supercedes it totally.

Indeed a judgment would also end their duty to respond to a CCA request, however, if there is a Tomlin in place, that would mean judgment hasn't been obtained, the whole purpose of the order would have been to stay proceedings and avoid the judgment being made.

[Quasar]

Re: Tomlinson Order with Restons

ahhh - maybe i should have done a CCA in the beginning, as i have been paying a few months now, and only a few hundred quid to go.

Ah well...

Thanks All.

[Quasar]

Re: Tomlinson Order with Restons

hello all,

This Tomlin order debt is coming to and end.
However, when i asked for a statement,m i noticed they have added an £80 and £60 court costs and charges,

This never actually went to court, should i still be paying this ?

|Thanks

[Quasar]

Re: Tomlinson Order with Restons

anyone?

as id like to know where i stand before restons get back to me