Need a bit of advice

[Knowledge321]

A friend of mine recently agreed a tomlin order regarding a mortgage, my question is as part of the order it was for debts going back over 10 years and i have just found out that you can only go back 6 years before statue barred, so does the Tomlin order override the statue bar or does the statue bar take precedent and the tomlin order is defective?

[atticus]

It's nowhere near as simple as that. The mortgage secured payment of the debt, and you haven't said when the court claim was issued.

[Pezza54]

Hi Welcome to LB
A Tomlin Order is similar to a Consent Order. Both parties have contractually agreed to the terms and conditions set out in the schedule. Either party can return to court to enforce the terms without starting a new claim
It is now too late for your friend to query whether the claim for the debt was statute barred

[Knowledge321]

The Tomlin order was agreed about three months ago, my question is does the tomlin order override the statue barred debt, to be clear on this the property had a mortgage of £200,000 5 year interest only, after about 6 months no interest was paid, fast forward 11 years later and the person agreed a tomlin order giving them more time to leave the property, with the deadline approaching my question is as the tomlin order was made including 11 years interest is that valid, or shouldn’t at least part of the interest be statue barred over the 6 years?

[atticus]

Start with the beginning, not the end. What was the court claim for? Have you seen it? When was it issued?

[Knowledge321]

Start with the beginning, not the end. What was the court claim for? Have you seen it? When was it issued?

It was case number K80LS104 at the high court, a tomlin order was agreed as the defendants was put in a very difficult position as part of the judges house keeping was the wording of the judge, she decided that a large part of the defence she was not going to hear evidence on without an experts report on the day of the trial regardless that the claimant did not plead it, which put the defence into a corner where they had to agree a tomlin order as the defence was seriously damaged if the judge was not prepared to hear on what was the main point!

The case revolves around a property that a 5 year interest only loan was taken out, and the person that was claimed to have taken it out does not recall doing it and questions that it was there signature as did not recieve any funds, unfortunately the defendant died before posession proceedings was taken along with the person who claimed to have witnessed it, no posession proceedings was issued until after the persons death which was not until approximately 10 years after the claimed mortgage, with no payments being made on the mortgage after the first couple of months, leaving the estate in a difficult position trying to defend it as the mortgage deed was not of good enough quality for a hand writing expert, so you can see why the defence was put in a corner, but the tomlin order quotes not only the mortgage amount but interest upto the date of the Tomlin. This is why i ask does the statue bar supersede the tomlin order or is the tomlin order have authority over the statue bar ie cant claim interest past 6 years

[atticus]

In all that you have said that these were possession proceedings. The claim was for possession of the property. Your friend appears to have avoided losing his home by agreeing terms for payment of arrears.