Link CCJ now with added Tomlin Order! what to do?

moneymeltdown

More ongoing drama here (as if my Capquest Stat Demand wasn't enough) with Link Financial and an old alleged credit card debt.

I had already requested CCA from Link over two years ago (2008) and obviously no correct CCA paperwork could be supplied. I thought this particular problem had gone away ... until now!

Just before Christmas 2010, Link Financial issued CCJ against me for this alleged debt. I sent my court papers off disputing the debt etc and heard nothing back until a few days ago when I received a 'Tomlin Order' from Link.

Does anyone have any advice on how to proceed with this, now that I have the added Tomlin Order,as I am sure Link do not have the correct CCA paperwork to enforce this alleged debt. I think it is highly unlikely they will be able to produce the correct paperwork at this stage either!

Any advice much appreciated!

thechippy

Have you actually got a ccj yet, or are you still in the throws of defending it?

moneymeltdown

thechippy wrote: »

Have you actually got a ccj yet, or are you still in the throws of defending it?

hi thechippy, I have sent back my defence to county court and to Link.

I received a letter from county court acknowledging receipt of my defence and the letter also said,

"..the claimant must contact the court within 28 days of receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order lifting the stay."

thechippy

Ok,

Without any agreement at all, they won't be able to get a ccj - BUT if you don't defend properly, they can get one by default. You need to make them drop out at some stage of the proceedings. They will rely on the fact you won't defend properly.

No disrespect to this site (I love it here), but I'd start a thread on CAG under the legal issues forum. They are better at helping with litigation over there. They won't judge you, they are very matter of fact about it.

Good luck, but don't delay.........;)

PNPSUKNET

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.

thechippy

PNPSUKNET wrote: »

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.

That's why I'm confused they got a tomlin order if the case is ongoing and they knew nothing about it until it arrived??

DVardysShadow

thechippy wrote: »

That's why I'm confused they got a tomlin order if the case is ongoing and they knew nothing about it until it arrived??

This parallels the common confusion where people say they have 'got a ccj' and how do they defend it. About half the time, they have not got a ccj, they mean that they are being taken to court. I would say that OP is being asked to consent to a Tomlin order. Obviously requires them to come back and clarify.

moneymeltdown

thechippy wrote: »

Ok,

Without any agreement at all, they won't be able to get a ccj - BUT if you don't defend properly, they can get one by default. You need to make them drop out at some stage of the proceedings. They will rely on the fact you won't defend properly.

No disrespect to this site (I love it here), but I'd start a thread on CAG under the legal issues forum. They are better at helping with litigation over there. They won't judge you, they are very matter of fact about it.

Good luck, but don't delay.........;)

Apologies if I sound a bit thick but...I have already sent my defence to County Court and to Link. I'll go over to CAG and see what happens !

moneymeltdown

DVardysShadow wrote: »

This parallels the common confusion where people say they have 'got a ccj' and how do they defend it. About half the time, they have not got a ccj, they mean that they are being taken to court. I would say that OP is being asked to consent to a Tomlin order. Obviously requires them to come back and clarify.

To clarify, I do not currently 'have a CCJ'. I am being taken to court by Link for an alleged debt that I believe they have no right to enforce.

I am being asked to consent to a Tomlin Order. I do not wish to consent to the Tomlin. I want to defend the CCJ.

Ids61

This is a normal tactic, so if you are confident you can win in court go for it. They may not proceed anyway.
However there are risks, should they proceed and win you will end up with a ccj and if you own a property they will go for a charging order. The tomlin order means that you will not have ccj and providing you pay the monthly amount they stop collection activities and cannot obtain a ccj.You can negotiate a lower payment,if it is not comfortably within your means.
If you do not accept the tomlin order, they may accept defeat, although depending on the amount continue debt collecting.
If you accept, you can in the future offer a full and final settlement.
There are a number of scenarios, so obtain as much advice as possible, but only you can make the final choices.
All the very best of luck.

thechippy

moneymeltdown wrote: »

Apologies if I sound a bit thick but...I have already sent my defence to County Court and to Link. I'll go over to CAG and see what happens !

Good,

I see you've started a thread on cag.
Be patient, they will get back to you....;)