Restons/Cabot - refusal to accept a Tomlin Order

[llou81]

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

I only filed the Admission because that's what Restons told me to do in order for them to consider a Tomlin Order. I went all round the houses for weeks trying to get to that point as when I explained the circumstances to both Northampton Court AND Restons (i.e. I don't dispute the debt, I just want to set the repayments back to where they were) no one could advise me how to go about doing that. All NCCBC kept saying was "if you accept the debt file the admission but you"lol get a CCJ, or if you don't agree you owe the debt then file a defence" I kept trying to explain that neither applied as I wanted to set up a Tomlin Order but I just kept going round in circles.

Restons (eventually) told me to send them the admission paperwork (to Restons not the Court) with a covering letter proposing a Tomlin Order. I did that but then they wrote back saying they were rejecting my offer (even though it was exactly the same as the repayment plan I was already on) and would only consider a Tomlin Order if I submitted a revised offer with some additional information. By the time I got the letter I only had 48hrs to respond so I contacted them saying I could gather the information by the end of the week but they just said "too late". I did send them it along with a revised offer but they didn't even respond.

I contacted Cabot and offered right at the start to make a one off payment for the missed instalments and reset the repayments back up - Cabot told me to speak to Restons but when I spoke to Restons they refused saying "our client wants a CCJ". This has been their party line from day 1, it feels like no matter what I say or offer their end goal was to get a CCJ.

I just can't get my head round why they would want that when it would mean if I lose my job, they get no money because I'd have no income! With a Tomlin Order it's still a Court signed order that if I defaulted on they could request judgement against but it means I get no CCJ on file, I keep my job and they still get their money???

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Yeah see my other response, basically Restons told me to send the Admission paperwork with a covering letter requesting a Tomlin Order to THEM - they've rejected it and (I think) requested judgement by default.....

Is there anything on the judgement letter that would tell me whether it's by default?

[Diana M]

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

I only filed the Admission because that's what Restons told me to do in order for them to consider a Tomlin Order

In your first post you said that it was Step Change who first advised you to file an Admission

I was advised by step change to file the admission paperwork along with a proposal for a Tomlin Order which I have done.

Di

[Diana M]

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

basically Restons told me to send the Admission paperwork with a covering letter requesting a Tomlin Order to THEM - they've rejected it and (I think) requested judgement by default.....

Is there anything on the judgement letter that would tell me whether it's by default?

I think you are now saying that you didn't file an Admission with the court?

You sent the signed Admission form to Restons who didn't send it to the court.

So do you mean that the Admission was never filed (by you or them) but instead Restons went for a Default Judgment because you hadn't filed the AOS with the court?

If that's the case then the CCJ will say it's a Judgment by default on the Order. Do you have a copy?

Di

[llou81]

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

Both did, initially it was Step Change who advised requesting a Tomlin Order and they said send the Admission to the Court, but when I spoke to NCCBC they said if I did that it would result in an automatic CCJ.

I went back to Step Change and they advised contacting Restons again and it was when I did that Restons said yes file the Admission but send it to us with the covering letter. I was given the impression that the filling in the Admission paperwork was so that they had details of my income and expenditure etc.

The problem with Step Change was that they didn't seem to have anyone who had dealt with my situation before, they kept trying to give me debt advice which isn't what I needed!

Now do you see why I've had so many problems? I keep being told different things by different people (even on this forum yours and Nems responses differ) and even by different people at the same companies. The whole thing is driving me crazy and at times over the last few months I've just felt like I'm banging my head against a wall.....

I don't have access to a pc at home today so I'm reading these/responded on my phone - when I'm back in work tomorrow I'll try and scan all the letters in chronological order and upload them on here.....

[Diana M]

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

Now do you see why I've had so many problems? I keep being told different things by different people (even on this forum yours and Nems responses differ) and even by different people at the same companies.

I don't think nemesis and my responses differ that much. We were both looking at it from different angles without either of us having the benefit of seeing any paperwork. Both of us were trying to help by asking questions to ascertain the background facts.

It's good that you'll be able to post up some paperwork tomorrow from work. The latest letter from Restons and the CCJ (without any private info showing) would be a good starting point.

Someone may be able to help you draft an appropriate reply to Restons' letter if that seems like the best way forward.

The hearing isn't listed until 1st December so you have time to deal with this

Di

[llou81]

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

I think you are now saying that you didn't file an Admission with the court?

You sent the signed Admission form to Restons who didn't send it to the court.

So do you mean that the Admission was never filed (by you or them) but instead Restons went for a Default Judgment because you hadn't filed the AOS with the court?

If that's the case then the CCJ will say it's a Judgment by default on the Order. Do you have a copy?

Di

Hi I definitely didn't send the Admission paperwork to the Court. I did ring up NCCBC when I received the judgement letter and asked whether Restons had filed the paperwork I sent them but the call handlers response was "well I'd have thought they will have done" which I didn't think was particularly helpful...

All the paperwork is in a file in my office at work, I'll have a look tomorrow see if it says by default on it.

The latest letter I received from Restons looks like they're saying they intend to dispute my application to set aside on the basis that the evidence I've provided re: my employment is not sufficient (why they couldn't say that when I gave it to them in July is beyond me). It's a page taken from my employment contract but they're saying it doesn't specifically make reference to me, well it won't because my name is on the front page and last page where I've signed! I didn't send the whole thing because it's quite long and contains a confidentiality agreement, it's also a protectively marked document so I'd be breaking my company rules by sharing it.

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I don't think nemesis and my responses differ that much. We were both looking at it from different angles without either of us having the benefit of seeing any paperwork. Both of us were trying to help by asking questions to ascertain the background facts.

It's good that you'll be able to post up some paperwork tomorrow from work. The latest letter from Restons and the CCJ (without any private info showing) would be a good starting point.

Someone may be able to help you draft an appropriate reply to Restons' letter if that seems like the best way forward.

The hearing isn't listed until 1st December so you have time to deal with this

Di

Thank you ☺️

Reading between the lines I think Restons might be saying they want to sort things before the hearing, for me that would mean agreeing a repayment plan that I can afford, under a Tomlin Order with agreement from them to set aside the judgement so that it doesn't go on my credit file......

But I won't hold my breath because they tell me one thing then do the opposite.

[nemesis45]

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

I don't think nemesis and my responses differ that much. We were both looking at it from different angles without either of us having the benefit of seeing any paperwork. Both of us were trying to help by asking questions to ascertain the background facts.

It's good that you'll be able to post up some paperwork tomorrow from work. The latest letter from Restons and the CCJ (without any private info showing) would be a good starting point.

Someone may be able to help you draft an appropriate reply to Restons' letter if that seems like the best way forward.

The hearing isn't listed until 1st December so you have time to deal with this

Di

I will assist with a response to Restons if needed.

nem

[nemesis45]

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

It may make sense to start your own thread so your issue can be looked at separately

Have I understood you correctly? You've received a letter from Restons which gave you a deadline of 21st October to pay otherwise they would issue a county court summons. This may have been a Letter Before Claim.





You only received the letter yesterday. When you called Restons you were told that a summons had been issued yesterday.

Or are you saying that a claim had already been issued and because you didn't file a Defence they have got a Default Judgment (CCJ) against you?

I wouldn't phone Restons. When dealing with solicitors everything should be in writing.

Di

There's a consent order in place a payment was missed and Restons has applied for judgment.
Hence the need for urgent contact, the OP cannot have a CCJ because of employment restrictions.
nem