Tomlin Order Debt

[yours-debtfully]

Hi folks,

I'm hoping for some advice from you good people if you don't mind.

despite not having a business any more, I have been paying off an old large company debt (for which I had a personal guarantee so couldn't include in the company liquidation) for a few years now but due to a decline in my health I am now fully signed off on the sick and can no longer afford the payments. My partner is also on permanent disability so I understand we may be protected somewhat?

The debt originally ended up at small claims because I disputed it but the judge saw fit to advise a Tomlin Order to avoid an inevitable, as it turned out, judgement and full costs. We agreed on lowered costs and a payment plan and I have paid almost half the debt.

In the meantime the original creditor has been taken over by another company. Approximately 6 months ago I received a letter from the new company chasing the full balance of the debt so they may be unaware of the Tomlin Order. Safe in the knowledge I had the order from the court I just ignored it. I had another tentative approach from them but again I ignored it and continued paying. I haven't heard anything more from them since.

It's how to approach the repayments that I need advice with. I can barely afford my normal bills as it is but don't want to poke the hornets nest too much with a silly offer and tempt it back into court as I really don't want them poking round into my affairs. I have one asset that I have declared to the benefits agency but they have discounted it. However, I don't know what powers the creditor may have to look into my affairs (presumably only if it went back to court) and perhaps demand the sale of that asset to pay (probably not all of) the balance of the debt so perhaps someone could advise me?

I just don't know how to approach this.

Thanks for reading.

Yours-Debtfully

[Joanna Connolly Solicitors]

I have been paying off an old large company debt (for which I had a personal guarantee so couldn't include in the company liquidation) . . . .

. . . . The debt originally ended up at small claims because I disputed it but the judge saw fit to advise a Tomlin Order to avoid an inevitable, as it turned out, judgement and full costs. We agreed on lowered costs and a payment plan and I have paid almost half the debt.

In the meantime the original creditor has been taken over by another company. Approximately 6 months ago I received a letter from the new company chasing the full balance of the debt so they may be unaware of the Tomlin Order. Safe in the knowledge I had the order from the court I just ignored it. I had another tentative approach from them but again I ignored it and continued paying.

Hello

I've looked through your other thread and can't easily identify this debt which is currently causing you problems.

Who was the original creditor and who is the "company" which you've been told has "taken over" ?

Do you have a copy of the Tomlin Order?

When was the court Hearing which led to the Tomlin Order?

Did you have legal representation at that Hearing?

How much is the Tomlin Order for, and how much is outstanding?

Di

[yours-debtfully]

Hi Di,

thanks for your reply.

I didn't include this debt in my diary.... it came after I'd posted here originally and I didn't think to add it.

Sorry for the lack of details I was being deliberately cagey. I'm naturally suspicious of forums and who may be monitoring them
The creditor involved is not one of the usual suspects so it may stand out. If you don't think it won't matter anyway I'll post away. In the meantime here's the rest of the info....

Yes I have a copy of the Tomlin Order
Court hearing was 16.09.15
No legal representation
Order was for £28,000.00
Paid £12,750.00

Thank you Y-D

[yours-debtfully]

.... actually, I've just remembered.... I did get a small amount of legal advice over the phone before going to court but I couldn't afford anyone to actually represent me there on the day. I'd have to look up who it was and what advice was given but I do recall the offer of a Tomlin Order threw us (my Dad came with me to help with paperwork) so I rang my legal rep and he advised to take the offer of a TO.

I do still have all the documentation I took to court. I'll see if i can find it now.

Y-D

[yours-debtfully]

Found the legal advice I got. I have several emails that were exchanged hastily before the court date but I only found the (inexpensive) help very late so, whilst he was incredibly helpful he was limited in how much he could do.

[yours-debtfully]

Bump

[Never-In-Doubt]

Diana Mayhew

[Joanna Connolly Solicitors]

The debt originally ended up at small claims because I disputed it but the judge saw fit to advise a Tomlin Order to avoid an inevitable, as it turned out, judgement and full costs. We agreed on lowered costs and a payment plan and I have paid almost half the debt.

In the meantime the original creditor has been taken over by another company. Approximately 6 months ago I received a letter from the new company chasing the full balance of the debt so they may be unaware of the Tomlin Order. Safe in the knowledge I had the order from the court I just ignored it. I had another tentative approach from them but again I ignored it and continued paying. I haven't heard anything more from them since.

. . . . with a silly offer and tempt it back into court as I really don't want them poking round into my affairs. I have one asset that I have declared to the benefits agency but they have discounted it. However, I don't know what powers the creditor may have to look into my affairs (presumably only if it went back to court) and perhaps demand the sale of that asset to pay

A Tomlin Order shouldn't return to court unless you breach the terms of the Schedule. The claim is stayed and remains stayed unless there's a breach.

Depending on the wording of the Tomlin Order it may give the Claimant the right to a CCJ without a return to court (as the result of a breach) if that's been agreed (as part of the Schedule). If that happens then the usual enforcement options would be available to them.

Who are you paying at the moment, if anyone? Is it the original Claimant or have they been substituted (by the court) with a "new company" which has been assigned the debt? Or have you ceased payments altogether when you were told there was a change of ownership?

If you like you can email me a copy of that Order to help you understand your legal position using di@joannaconnollysolicitors.co.uk

Di

[yours-debtfully]

Di,

thank you for your reply and apologies for the delay getting back to you, particularly after bumping the thread.... I had to take the docs elsewhere to scan them as my scanner decided to up the ghost!

Anyway.....

In the event of a breach the Order from the court entitles the claimant to apply by way of letter for judgment for the balance outstanding. I've emailed a copy to you and would be grateful if you could please confirm I've understood that correctly.

The original company appears to have been absorbed into a larger 'umbrella' finance group but on further investigation, whilst the name can vary depending on which document you look at, the original company appears to be the same and has maintained the same company reg number throughout.

The letters I've received are from a DCA. They originally wrote to me in Dec '18 asking for the full balance but wrote on behalf of the umbrella group and I simply did not recognise it as I'd never heard of them. Then they wrote again in Feb '19 using (almost) the correct name of the original company so I then recognised it. They included a statement of balance which looked largely correct, actually a bit lower TBH. I had another letter in April '19 marginally more threatening but, safe in the knowledge I was up to date with the order, ignored it. I've included copies of those letters in the email too.

I have continued to pay the original company without fail since the beginning and am up to date. That will have to change next month though as I simply don't have the money.

Thank you again for your help. It is very much appreciated.

Y-D

[yours-debtfully]

Yo ?

Should I have put this post in a different place maybe? Just noticed most of the last activity in here was over 5 years ago

???????Y-D???

[nightwatch]

It could just be a small glitch because the site has been changed,

I will keep an eye on it and see if we can jog it along for you x

[yours-debtfully]

Hellooooo

[The Tech Clerk]

Diana Mayhew

[Joanna Connolly Solicitors]

Hellooooo

I've replied to your email so let me know (by email) if you didn't receive my reply.

Di

[yours-debtfully]

Thank you Di.

Got the email and I've replied ?

Y-D