Restons/Cabot - refusal to accept a Tomlin Order

[llou81]

Hi,

I need advice and ASAP as Restons are threatening to proceed to court if I don't provide information they have requested by 5.30pm on Wednesday!!

Long story short....

I had an overdraft of £10,000 with Lloyds when I was made redundant 6 years ago. I was paying £150 a month in interest and charges which I couldn't afford as although I found a new job, I took almost a £10,000 pay cut, so I contacted lloyds and asked if there was anyway these could be "frozen" and I could pay off the balance. I was told to allow the account to go into default and then I could agree a repayment plan with their collections team. This I did and was happily paying it off at £50 a month.

Down the line, Lloyds sold the debt to Cabot, I went through an income and expenditure assessment and they agreed to continue the repayments at £50 and every 6 months we went through my income and expenditure again.

Cut to Jan this year and my bank made a balls up with my direct debits and most got cancelled, I thought I had gotten in touch with everyone to reset them back up again but apparently I missed the Cabot one.

I heard nothing from Cabot until April when I received a court summons from Restons!

I contacted both to attempt to rectify the situation and even offered to pay the missed payments but both refused.

I have no issue paying the debt but if I get a CCJ I could lose my job. I was advised by step change to file the admission paperwork along with a proposal for a Tomlin Order which I have done. Restons wrote back saying they wanted "evidence" supporting some of my other creditor payments and evidence that a CCJ would affect my employment, both of which I have provided.

They have refused my proposal for Tomlin Order but are also now requesting details of my TOTAL household income and expenditure, I asked why as previously nor Lloyds or Cabot required details of my husbands income (we have separate bank accounts) and what I have provided them with is details of my sole liabilities and only my share of our joint liabilities. Their response is that if I don't provide the information by 5.30pm on Wednesday 3rd August they will proceed with the CCJ. They have said they would consider a Tomlin order for an "increased amount" as they believe I can afford more but I can't!

As this was an overdraft I don't have a legal obligation to repay it all (I don't think?) as long as I pay interest and charges? - and there is no written agreement in place with set repayment amounts so surely they can't force me to pay more than the £50 previously agreed?

I don't know what to do next but whatever it needs to be by 5.30pm!

[nemesis45]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Hi,

I need advice and ASAP as Restons are threatening to proceed to court if I don't provide information they have requested by 5.30pm on Wednesday!!

Long story short....

I had an overdraft of £10,000 with Lloyds when I was made redundant 6 years ago. I was paying £150 a month in interest and charges which I couldn't afford as although I found a new job, I took almost a £10,000 pay cut, so I contacted lloyds and asked if there was anyway these could be "frozen" and I could pay off the balance. I was told to allow the account to go into default and then I could agree a repayment plan with their collections team. This I did and was happily paying it off at £50 a month.

Down the line, Lloyds sold the debt to Cabot, I went through an income and expenditure assessment and they agreed to continue the repayments at £50 and every 6 months we went through my income and expenditure again.

Cut to Jan this year and my bank made a balls up with my direct debits and most got cancelled, I thought I had gotten in touch with everyone to reset them back up again but apparently I missed the Cabot one.

I heard nothing from Cabot until April when I received a court summons from Restons!

I contacted both to attempt to rectify the situation and even offered to pay the missed payments but both refused.

I have no issue paying the debt but if I get a CCJ I could lose my job. I was advised by step change to file the admission paperwork along with a proposal for a Tomlin Order which I have done. Restons wrote back saying they wanted "evidence" supporting some of my other creditor payments and evidence that a CCJ would affect my employment, both of which I have provided.

They have refused my proposal for Tomlin Order but are also now requesting details of my TOTAL household income and expenditure, I asked why as previously nor Lloyds or Cabot required details of my husbands income (we have separate bank accounts) and what I have provided them with is details of my sole liabilities and only my share of our joint liabilities. Their response is that if I don't provide the information by 5.30pm on Wednesday 3rd August they will proceed with the CCJ. They have said they would consider a Tomlin order for an "increased amount" as they believe I can afford more but I can't!

As this was an overdraft I don't have a legal obligation to repay it all (I don't think?) as long as I pay interest and charges? - and there is no written agreement in place with set repayment amounts so surely they can't force me to pay more than the £50 previously agreed?

I don't know what to do next but whatever it needs to be by 5.30pm!

Hello I'm afraid it's too late to say much on this, but let's be clear you had a claim from Cabot via Restons way back in April 16 did you enter a full defence?

Is the claim currently stayed Is there any reason you have not provided the data requested, when did they make this demand for information?

nem

[llou81]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Hi,

Up to now I have provided everything they've asked for, they just keep coming back and asking for more, hence why this has been going on since April!

When I received the original claim in April I contacted both Restons and Cabot to resolve the matter but both refused to even discuss any arrangement - each saying that the decision making lies with the other.

I was given advice by step change to request a Tomlin Order setting out the reasons why a CCJ would affect my employment and providing evidence. When I contacted Restons to ask how I went about this they told me to send them the admission forms with all the details of my income and expenditure and a covering letter regarding theTomlin Order offer.

I did exactly that and provided several supporting documents regarding my employment.

They responded by asking for further evidence about some of my other creditors and with some queries, again I responded and provided everything they asked for.

They've now come back AGAIN asking for more information (as stated above they now want details of total household income even though the debt is only in my name) but in the same letter stated their client has refused my request for re-in statement of my £50 instalment because they believe I can afford more.

They've also said their client may consider a Tomlin Order IF I provide the additional information and a revised offer of repayment.

It just feels like they are backing me into a corner and using bullying tactics because they know this will affect my employment, but if I agree to a higher amount that I know I can't afford I'll then end up defaulting anyway.

- - - Updated - - -

The latest request for information gave me only 14 days to respond but the letter took a week to arrive, when I rang them and asked for more time to both gather the information they've requested and seek further legal advice they flat out refused.

[nemesis45]

Re: Restons/Cabot - refusal to accept a Tomlin Order

Hi,

Up to now I have provided everything they've asked for, they just keep coming back and asking for more, hence why this has been going on since April!

When I received the original claim in April I contacted both Restons and Cabot to resolve the matter but both refused to even discuss any arrangement - each saying that the decision making lies with the other.

I was given advice by step change to request a Tomlin Order setting out the reasons why a CCJ would affect my employment and providing evidence. When I contacted Restons to ask how I went about this they told me to send them the admission forms with all the details of my income and expenditure and a covering letter regarding theTomlin Order offer.

I did exactly that and provided several supporting documents regarding my employment.

They responded by asking for further evidence about some of my other creditors and with some queries, again I responded and provided everything they asked for.

They've now come back AGAIN asking for more information (as stated above they now want details of total household income even though the debt is only in my name) but in the same letter stated their client has refused my request for re-in statement of my £50 instalment because they believe I can afford more.

They've also said their client may consider a Tomlin Order IF I provide the additional information and a revised offer of repayment.

It just feels like they are backing me into a corner and using bullying tactics because they know this will affect my employment, but if I agree to a higher amount that I know I can't afford I'll then end up defaulting anyway.

- - - Updated - - -

The latest request for information gave me only 14 days to respond but the letter took a week to arrive, when I rang them and asked for more time to both gather the information they've requested and seek further legal advice they flat out refused.

If this is critical in regard to your employment it will I think have to be a sacrifice on your behalf on providing a "common financial " statement .##

Unless a court orders disclosure of bank statements I would refuse to supply them.

Are you in direct contact with Cabot or is all this coming from Restons? In writing or on the phone?

nem

[llou81]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I've contacted Cabot by phone a couple of times but they just keep saying it's being dealt with by Restons.

I've had some contact with Restons by phone but what I've set out above has been in writing.

If I provide joint income and expenditure and they still refuse my offer then what?

[nemesis45]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I've contacted Cabot by phone a couple of times but they just keep saying it's being dealt with by Restons.

I've had some contact with Restons by phone but what I've set out above has been in writing.

If I provide joint income and expenditure and they still refuse my offer then what?

I suspect at the moment that Cabot may not have sufficient information to go forward.
Did you file a defence?
To you have a copy of the claim form you can post here please?

nem

[Anthony72]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I think in post 1 it was said that the debt was admitted, i think that means no defence was entered

[llou81]

Re: Restons/Cabot - refusal to accept a Tomlin Order

That's correct - I've never disputed the debt or refused to pay, I just don't want a CCJ as it means potentially losing my job!

This is what I can't seem to get through to Cabot or Restons who seems to think I've just ignored them because I don't want to pay - why on earth would I intentionally let things get this far knowing it would affect my employment?!

- - - Updated - - -

I can PM you copies of everything - happy for ou to respond on this thread is just rather not post copies of the letters as they have personal and sensitive information on them

[nemesis45]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I've contacted Cabot by phone a couple of times but they just keep saying it's being dealt with by Restons.

I've had some contact with Restons by phone but what I've set out above has been in writing.

If I provide joint income and expenditure and they still refuse my offer then what?

I post one you say " As this was an overdraft you have a legal obligation to pay as long as you pay interest and charges ???

I don't know where the idea comes from? A bank is entitled (after giving notice) to call in all outstanding monies, which it seems is what they have done, either because of failure to keep within OD limits or " failing to service the account.

I assume you did not enter any defence to the claim.

As said before what is the status of the claim now.

nem

[nemesis45]

Re: Restons/Cabot - refusal to accept a Tomlin Order

[QUOTE=llou81;667057]That's correct - I've never disputed the debt or refused to pay, I just don't want a CCJ as it means potentially losing my job!

This is what I can't seem to get through to Cabot or Restons who seems to think I've just ignored them because I don't want to pay - why on earth would I intentionally let things get this far knowing it would affect my employment?!

I'll as [MENTION=49370]Kati[/MENTION] to contact you about posting documents I don't like having members documents sent to me personally for security for you.

- - - Updated - - -

- - - Updated - - -

[QUOTE=llou81;667057]That's correct - I've never disputed the debt or refused to pay, I just don't want a CCJ as it means potentially losing my job!

This is what I can't seem to get through to Cabot or Restons who seems to think I've just ignored them because I don't want to pay - why on earth would I intentionally let things get this far knowing it would affect my employment?!

I'll as [MENTION=49370]Kati[/MENTION] to contact you about posting documents I don't like having members documents sent to me personally for security for you.

- - - Updated - - -

[Kati]

Re: Restons/Cabot - refusal to accept a Tomlin Order

[MENTION=89150]llou81[/MENTION] ... if you need assistance uploading redacted copies of the docs [MENTION=55034]nemesis45[/MENTION] asked to see feel free to email them to me :nod:

[llou81]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I need some more advice on this matter.....

I provided Restons with my whole household income and expenditure details as requested, along with a revised offer of payment, and they ignored me.

At the same time I submitted a complaint to Cabot about the way this debt has been handled, they responded basically ignoring all my queries and telling me to go away. They also stated in their letter that Restons have told them I'm refusing to pay the debt - which isn't true at all, I have it in writing that I categorically stated I am NOT refusing or disputing the debt! I wrote back to them pointing out that they haven't answered the queries in my original written complaint and guess what - they've ignored me!

Restons went ahead with the Court Claim and I received a letter from the Northampton Courts saying I have a CCJ and have to pay £1200 a month - I have no idea how this has been calculated as all the income forms I've submitted show I only have disposable income of about £300 AND I actually admitted the debt and made an offer of repayment so I can only assume Restons didn't give copies of any of this to the Court?

Anyway, I submitted an application to have judgement set aside on the basis that Restons and Cabot have not dealt with this correctly and that a CCJ will affect my employment, I've provided a covering letter setting out what has gone on with Restons/Cabot along with the relevant extract from my employment contract. It's been passed to my local Court and a hearing date has been set for 1 December. I'm taking this as good sign that the Judge who reviewed the application believes I have a case?

I've also received the most polite threatening letter from Restons that I've ever seen in my life - it says they understand I want to resolve this amicably (I've been trying to do that since June but Restons weren't interested until now!) and basically saying they advise me to withdraw my application or else they're going to bill me for all their costs if they have to (god forbid) actually turn up to court! They're also saying they don't believe the extract from my employment contract is sufficient evidence, which is annoying because they had a copy of this from me months ago but just ignored it, they didn't even acknowledge they had received it let alone say it wasn't sufficient!

My understanding when I spoke to Northampton about the process was that Restons shouldn't even be contacting me anymore now that there is a formal hearing, is this correct?

I'm also unsure of whether I should respond to Restons at all or just ignore it and deal with it in court?

And on the day of the hearing, what sort of things do I need to take with me as evidence, anything or nothing??

[nemesis45]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I need some more advice on this matter.....

I provided Restons with my whole household income and expenditure details as requested, along with a revised offer of payment, and they ignored me.

At the same time I submitted a complaint to Cabot about the way this debt has been handled, they responded basically ignoring all my queries and telling me to go away. They also stated in their letter that Restons have told them I'm refusing to pay the debt - which isn't true at all, I have it in writing that I categorically stated I am NOT refusing or disputing the debt! I wrote back to them pointing out that they haven't answered the queries in my original written complaint and guess what - they've ignored me!

Restons went ahead with the Court Claim and I received a letter from the Northampton Courts saying I have a CCJ and have to pay £1200 a month - I have no idea how this has been calculated as all the income forms I've submitted show I only have disposable income of about £300 AND I actually admitted the debt and made an offer of repayment so I can only assume Restons didn't give copies of any of this to the Court?

Anyway, I submitted an application to have judgement set aside on the basis that Restons and Cabot have not dealt with this correctly and that a CCJ will affect my employment, I've provided a covering letter setting out what has gone on with Restons/Cabot along with the relevant extract from my employment contract. It's been passed to my local Court and a hearing date has been set for 1 December. I'm taking this as good sign that the Judge who reviewed the application believes I have a case?

I've also received the most polite threatening letter from Restons that I've ever seen in my life - it says they understand I want to resolve this amicably (I've been trying to do that since June but Restons weren't interested until now!) and basically saying they advise me to withdraw my application or else they're going to bill me for all their costs if they have to (god forbid) actually turn up to court! They're also saying they don't believe the extract from my employment contract is sufficient evidence, which is annoying because they had a copy of this from me months ago but just ignored it, they didn't even acknowledge they had received it let alone say it wasn't sufficient!

My understanding when I spoke to Northampton about the process was that Restons shouldn't even be contacting me anymore now that there is a formal hearing, is this correct?

I'm also unsure of whether I should respond to Restons at all or just ignore it and deal with it in court?

And on the day of the hearing, what sort of things do I need to take with me as evidence, anything or nothing??

Good morning,

Are you saying that you received a county court claim and you didn't responded to it and the claimant was awarded Judgment by default.

Restons don't give a sh*t for court processes and I think you have grounds to have this set aside and they don't want all of their actions put before a judge.

Ignore Restons letter and prepare your evidence for the hearing every letter you have sent and every one received from Cabot / Restons.

nem

[Diana M]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I think it's going to be tricky to get this CCJ set aside since you have already filed an Admission of the debt with the court. This normally leads to an automatic CCJ either for the full amount or with monthly installments if you tick that request box (stating the amount you can pay) in Section 11 on the Form (N9a).

Perhaps StepChange hadn't understood the need for you to avoid a CCJ when they advised you to do that (file an Admission).

By doing that you denied yourself a chance to defend the claim. I don't know whether you would have had a Defence but accounts sold to debt purchasers usually have issues worth challenging.

When you made your application for a set aside did you also file a Witness Statement? If not you may need to do that before the hearing listed for 1st December. Expect Restons to do the same because they may want to contest your application based on the fact you have already admitted the debt.

The fact that a hearing has been listed at your local county court doesn't mean the DJ thinks you have a case. It means that the court wants to hear from both parties before making a decision.

No one can predict what a DJ will decide at the hearing. He may think the only argument to be had is how much can you realistically afford to pay each month (and suggest a variation of the CCJ) or he may say that there are conduct issues with Restons but I'm not sure what those would be.

You say you received the summons in April. Have you made any payments since then (£50per month?) to demonstrate your willingness to pay at a sum you can afford to support your contention that you entered negotiations in good faith? And have you paid the payments you missed between January and April?

There's a moral argument to be had with Restons but is there a legal one?

Perhaps your aim is to come to an arrangement with Restons in the hope that they will consent to a set aside of the CCJ and replace it with a Tomlin Order which is a Consent Order filed with the court but not recorded as a Judgment so it won't show on Trust Online or any of the CRAs.

I'm not sure why the court told you that Restons shouldn't contact you before the hearing. Both parties have every right to be in touch with each other during legal proceedings. How can you settle this imatter if you don't communicate with each other?

Why not get back in touch with Step Change and ask them to help you to solve the problem since they may have caused it in the first place.

Di

[Diana M]

Re: Restons/Cabot - refusal to accept a Tomlin Order

I'm also unsure of whether I should respond to Restons at all or just ignore it and deal with it in court?

And on the day of the hearing, what sort of things do I need to take with me as evidence, anything or nothing??

It's hard to say whether you should ignore or respond to Restons' letter since I haven't seen it. From what you say they are putting you on notice that they will ask (and expect) the court to order you to pay their costs if your set aside application is unsuccessful. No one can predict the outcome, not even them.

You've asked what you should take to the hearing. My answer would be that you file and serve a WS with all your Exhibits at least 14 days before the hearing.

Another thing to consider is that a successful set aside of a CCJ doesn't extinguish the claim. It simply puts things back to where they were before the CCJ was granted. In effect the legal proceedings (the original claim) become live again. Normally that would mean you have a fresh opportunity to file a Defence.

The complication is that you've already filed an Admission and have written (according to you) several letters to the Claimant and their solicitors specifically stating you don't dispute the debt/Claim.

Di