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Tomlin Order and the consequences

Hello All

It's been a while since I posted on here, due to the fact that I am now debt free and working full time (amongst other things) :j.

At work a few weeks ago a colleague broke down in tears and confessed to being in debt. I have asked her to come on here as this was the place that sorted me out. She has been very reluctant to do so as she feels embarrassed. She explained to me that she was in debt with her bankers and they had issued a Court Summons. She had challenged it, and they then sent a Tomlin Order form. Now I have no idea what one of these is, so perhaps one of you lovely people could help please ? ... There are a few questions that have been asked so if you could help me to help her, I know she'd be grateful.

1. The debt was for £2400 but with the Court Costs they have amounted to £2900 !!! ... does she have to pay the full amount of £2900 ? or should she challenge it with her Bankers ?

2. Exactly what is a Tomlin Order ?

3. Does it register on her Credit Rating and if so, what will it say ?

4. Can the payments increase at any time during the duration of the repayment time scale ?

5. Are they any reasons why a Tomlin Order should not be accepted ?

6. Are there any consequences to having accepted a Tomlin Order.

Guys, I know this is a big ask, but really need your help on this. The poor lady is unable to concentrate on her workload and is becoming very stressed out.

Many thanks

Babbit xx
:D Opinions are like bottom holes, we all have one :D

Comments

  • PNPSUKNET
    PNPSUKNET Posts: 4,265 Forumite
    A Tomlin order is a court order in the English civil justice system under which a court action is stayed, on terms which have been agreed in advance between the parties and which are included in a schedule to the order. As such, it is a form of consent order. The order permits either party to apply to court to enforce the terms of the order, avoiding the need to start fresh proceedings. The terms of the schedule do not form part of the court order, so may remain confidential, and can include matters outside the jurisdiction of the court or the scope of the case in hand.
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