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Tomlin Order voided by an IVA?

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  • Tomlin Order voided by an IVA?

    Friend is in an IVA which should lead to 100% payout with a bit left over.

    His home has now been sold and the proceeds are with his supervisor ready to distribute to his creditors. However one creditor has suddenly upped their claim wiping out the potential surplus.

    Prior to entering the IVA NatWest obtained a Tomlin Order for £18,000 against which £3,000 was paid. This arose from Personal Guarantees given for 2 companies.

    NatWest are now claiming the IVA makes the Tomlin Order void and are trying to claim a significantly higher amount (£28,000) in the IVA.

    His supervisor hasn’t got a clue and he is so broke he can’t afford to get any legal advice.

    Any suggestions on how to tackle Nat West?
    Tags: None

  • #2
    Re: Tomlin Order voided by an IVA?

    [MENTION=48934]Debt Camel[/MENTION] might be able to advise (I've tagged her) xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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    • #3
      Re: Tomlin Order voided by an IVA?

      hi , just a general question

      did they default on any of the terms of the tomlin order, does the order itself have any conditions relating to IVAs
      crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

      Comment


      • #4
        Re: Tomlin Order voided by an IVA?

        Yes, Tomlin order was defaulted but no action taken by NatWest on default.

        The schedule states on default the Claimant shall be entitled to lift stay of proceedings and enter judgement for the sum less payments received.

        No conditions relating to IVA (or indeed any other conditions), but order does say either party may apply to the court to enforce the terms of the schedule.

        Comment


        • #5
          Re: Tomlin Order voided by an IVA?

          New one on me.

          What reasons do NatWest give for now claiming a larger sum?

          Comment


          • #6
            Re: Tomlin Order voided by an IVA?

            The original claim was for over £30,000, but the parties negotiated and agreed a full and final settlement of £18,000. This was confirmed by the court issuing a Tomlin Order. NatWest are now going back to their original claim.

            They say

            "After conducting a thorough investigation into the above customer's account we have confirmed with our Litigation team that due to Mr XXX XXX entering into an IVA, the Tomlin Order would actually become void, as the terms were not adhered to so we cannot enforce the Tomlin Order, thus rendering the Tomlin order’s enforceable amount obsolete”

            That makes no sense to me at all. With it being a 100% IVA they can indeed enforce the amount. Strikes me they are choosing not to.

            Can they do this?

            Comment


            • #7
              Re: Tomlin Order voided by an IVA?

              again, just a general question

              The breach of the terms of the order, how much was it breached by and have they since caught up.
              crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

              Comment


              • #8
                Re: Tomlin Order voided by an IVA?

                Order was to pay £300 per month. Payments made for 10 months then stopped. Not sure when IVA started after this, but the last payment was over three years ago.

                Order £18,000, paid £3,000 so we say £15,000 due in IVA.

                Comment


                • #9
                  Re: Tomlin Order voided by an IVA?

                  Thats defiantly breached then, have they applied to enforce there original order ( lift any stay , or said any other action )

                  by them figures, the Tomlin order was 5 years ? ( 300pm * 60 ), paid for a year, not in last three. When would the order have naturally finished ( the date )
                  crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

                  Comment


                  • #10
                    Re: Tomlin Order voided by an IVA?

                    Breach (and liability) not disputed, but no action taken by NatWest to enforce. My friend accepts that £15,000 should be paid, but not £28,000.

                    Order was April 2012, last payment actually made Jan 2013. Would have naturally run to Mar 2017.

                    The actual Tomlin Order is very brief and to the point. No provision for interest, no provision for anything other than the Claimant being entitled to obtain Judgment should the defendant fail to make any of the monthly repayments.

                    My key question is can they really now ignore this legally enforceable contract witnessed by the court?

                    Comment


                    • #11
                      Re: Tomlin Order voided by an IVA?

                      Anyone? We're in a stalemate position, my Friend won't agree, NatWest won't budge and supervisor can't do anything.

                      Comment

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