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Tomlin

Please give me advise my husband and i have a all monies mortgage he is now bankrupt because of the building trade collapsed.
He signed a guarntee for overdraft which he was unable to pay,i did not sign it.
The bankruptsy has been settled
We are trying to settle out of court with a tomlin order for a agreed amount for the overdraft but in the order it says the defendants will pay the payment in full and final settlement of the first defendant.
There is no mention of my name on it.
Or in theory they could come back for my half of the money on the all monies charge.Later on it says it confirms the defendants are no longer liable for any sums outstanding under the personel guarntee.
solicitor thinks its ok to sign but i worry about above points please advise
kind regards

Comments

  • carol01
    carol01 Posts: 568 Forumite
    hi kayleigh
    sorry i don't have much advice for you, it may be worth trying the bankruptcy thread hope this helps
    always smile no matter how broken you are.
  • CCCS_Sarah
    CCCS_Sarah Posts: 1,555 Organisation Representative
    kayleigh10 wrote: »
    Please give me advise my husband and i have a all monies mortgage he is now bankrupt because of the building trade collapsed.
    He signed a guarntee for overdraft which he was unable to pay,i did not sign it.
    The bankruptsy has been settled
    We are trying to settle out of court with a tomlin order for a agreed amount for the overdraft but in the order it says the defendants will pay the payment in full and final settlement of the first defendant.
    There is no mention of my name on it.
    Or in theory they could come back for my half of the money on the all monies charge.Later on it says it confirms the defendants are no longer liable for any sums outstanding under the personel guarntee.
    solicitor thinks its ok to sign but i worry about above points please advise
    kind regards

    Hi Kayleigh10,

    Just had a read of your question and just wondered if you mean a Time Order or a Tomin Order?

    A Time Order basically reschedules a debt, and a Tomlin Order is usually used for when a CCJ would affect an occupation.

    Sarah
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
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