Tomlin Order

[samjf]

Hi there.

My partner agreed to a Tomlin Order following a Court Summons from his Bank. The bank Claimed that he owed them £30,000 which was partly made up of unlawful charges and high interest. After negotiations with the bank solictitor he managed to get this reduced to £15,000. Court proceedings were cancelled and the new amount and payment terms were agreed within a Tomlin Order. We have been paying £75 a month for about 2 years, but my partner was out of work for 6 months this year which put us behind alot. He has a new job now but he is paying alot in fairs to travel to London and catching up on other debts due to him being unemployed. We have 2 young children and are finding it difficult to manage with our outgoings. We rung them to see if we could reduce payments to £25 until we get ourselves back on track and they said there is nothing they can do, and if we do not pay they will automatically start court proceedings against him. We would just like some information of where we stand with this. Thanks Sam.

[Amethyst]

Re: Tomlin Order

Hi Sam, welcome to beagles.

Well done for negotiating this debt down to £15k from £30k.

do you still have a copy of the Tomlin order? if so could you type it up ?

Was the court claim actually discontinued with the court or does the tomlin order simply hold proceedings on the understanding they can continue should the agreed payments stop ?

Usually Tomlin orders will leave the door open for the creditor to go back to court to pick up where they left off and take the claim to judgment - if so you would agree what is left of the £15k and make offer to pay of £25 (if that IS affordable).

[samjf]

Re: Tomlin Order

Hi there.
Thanks for getting back to me.. the sum was £17000 we had to pay back..:

Here is what is says on letter GENERAL FORM OF JUDGMENT or ORDER

Before DISTRICT JUDGE.... sitting at southend County court....
upon the parties having agreed terms of settlement

AND BY CONSENT IT IS ORDERED THAT
1: All further proceedings in this section shall be stayed upon the terms set out in the attached schedule, exept for the purpose of carrying such terms into effect.
2: each party shall have liberty to apply to the court if the other party does not give effect to the terms set out in the schedule.
THE SCHEDULE
1; The defendant shall pay to the claimant the sum of £17000 in full and final settlement of this claim.
2: The defendant will pay to the claiment on or before 1 march 2008 the sum of £75 followed by payments of 75..
3: the amount of monthly payment shall be reviewed at 12 montly intervals. The defendant shall co-operate witht he claimant on such review by providing Claiment with such info about assets,income and expenditure, as claimant shall reasonably request.
4: if following review its agreed see paragraph 2 etc..
5: if following any review, either the claimant or defendant considers a new monthly instalment amount should ne payable but cannot agree this with other party, either party shall be liberty to apply to the court to determine the monthly instalment payable and therefore the stay and settlement contained in this schedule to continue>
6: if payment is not made on the due date the claimant shall give notice in writing of such default to the defendant and if payment is not made within 14 days from the date of notice the claimant shall be at liberty to apply to lift the stay and to enter judgment against the defendant for the full amount due of the debt outstanding.

we actually missed this months payment for the first time due to lack of funds, but rung solictor and he said to pay 75 on monday..(which we will have to borrow) We want to pay our debts back but can afford only £25.00 a month..

[Amethyst]

Re: Tomlin Order

Okay, there is some leaway in the Tomlin for review, so if you can, pay this months payment and send a letter to them with your current income and expenditure sheet asking to review the payment to £25. Then if they refuse and go to court to enforce the TO you can show you have tried to communicate.

[samjf]

Re: Tomlin Order

Ok, will do that asap.. thanks for help..

[samjf]

Re: Tomlin Order

After writing to them and asking for payments to be reduced for 6 months to £25, I have recieved a reply from Solicitors yesterday and it says.
"Unfortunately due to the terms of the Tomlin Order agreed we are unable to accept your proposal of reduced monthly payments."
Please do not hesitate to contact us if you have any further question.

Any advice would be appreciated.