Guys, I think this is the document purported to be a Tomlin Order that SJ signed - please see post 53 of this thread.All the best,CM

Thanks for the link Ganymede. I too am not certain that Consumeredge is correct - he/she is referring to a "by consent document" which to my mind is different to a Consent Order or Tomlin Order which is signed and stamped by the Court. Sleepy Jean, to my mind, the "by consent" document you signed and posted up in #53 doesn't look to have been correctly prepared in the form of a Tomlin or Consent Order and yet this is what the Claimant is acting on to obtain judgment, which has now been granted by the Court!! JMHO - what does anyone else think?

Consent or Tomlin Orders are prepared when a payment agreement is established between the parties and prevents a claimant from taking further action (ie the claim is stayed) unless the agreed terms detailed in the Order are broken, i.e. in this case the payments agreed to in the Order were not made, hence CCJ and judgment awarded against you. I have not looked at the thread you are refering to, but as far as I know Civil Procedure Rules do not prevent Tomlin Orders from being signed. If anything, I would have thought this "out of court unless it goes wrong" procedure would in fact be welcomed. I will try and find the thread you mentioned and see the circumstances of that. All the best, CM

Ah, yes, the document posted abouve is the one I was asking about yesterday. This is the consent or Tomlin Order. The reason it all went to court yesterday was because you defaulted on the Tomlin Order and this is why judgment was awarded against you yesterday. Can anyone help SJ any further please?

Beat me to it GG!! If the debt existed prior to the date of the supervisor being appointed on an IVA there is a chance that this creditor is bound by it even if they've not been informed.

Fantastic!!

As MBNA have made it clear that they wish to rely on their oh-so-accurate witness statement and Sophie Anderson's testimony at the hearing I would have thought it is now up to you to get the orange bar code on the DN envelope deciphered so that you can blow their WS (and their witness) out the water in the court room. JMHO.When has the hearing been adjourned too?

I would have thought somebody could be nailed for stating that you signed a Tomlin Order when you didn't. Alas, I am not the person who can assist in appeals and so on, but I have flagged your thread so hopefully someone with the necessary experience will come and have a look shortly.

I can't quite understand how the court are referring to a Tomlin Order when you haven't signed anything?? Even if the documentation was sent to an old address the Tomlin Order couldn't have been approved without your signing it!How did your telephone hearing go? What was raised by the claimant?

I think that generally orders from the Court itself aren't signed, however, the Tomlin Order (or consent order) should have been signed by both yourself and the claimaint or the claimant's representative. A fully signed copy of the order should then have been sent to you by the court. we need to see a copy of the actual Tomlin Order you signed please.

Oh dear, I wish I could help you further but I'm afraid I'm not a great expert.From the documents you have posted it looks to me like a Tomlin Order was in place which would have dicatated your monthly payments. From the application HC are making, they appear to be suggesting that you have not kept up with the payments under the Tomlin Order, which I think is why you are having the hearing today. Is that correct?

Sleepy, I have clicked the triangle on your thread to see if someone can help you out.My own thoughts on the thread from what you have posted - if the court has ruled out HC's application, is there actually a hearing taking place today? It may be an idea to call the court just to confirm this. Please note - this is just the idea I have from the postings you have made - I may be incorrect but I think a phone call to the court may be worth while. JMHO!

Almost there Sleepy Jean, your 2nd PDF document in psot 19 still shows your name. CM

Oh, Dizzie, my thoughts and prayers are with you. Take care, CM

No worries, it's easily done!

Sleepy Jean, just to let you know that your full name appears on some of the documentation you have posted up - you may wish to remove this. All the best,CM

God bless you Mr Harrison!Dizzy - go get 'em!!!

Hey Dizzy,I've been thinking of you and wondered where you were. Hope you are feeling much better and ready to fight this again. In respect of the default notice delivery envelope, I notice it contains an orange code. This code should contain useful information in respect of when the letter inside was posted etc etc. I'm not certain how you get this info, but if I were you I would contact Royal Mail and ask them if they can decipher the code and find out when the letter was sent, and get to the truth of the matter. All the best, CM

Personally, I think it is incompetence. Optima have so many of these cases going on all at the same time and they must have trouble keeping track of them all. That's why this "bonus" stay time is so precious to you - get reading, get preparing - there are many wonderful people here who can help you out, as you have seen already. I cannot say it enough though - keep onto Northampton on a weekly basis to check if the stay remains in place. Yes, you will be notified but generally by a special delivery pack from Optima, not by Northampton! The court may get hacked off answering the phone and dealing with the same old same old, but remember, that is what they are paid to do so don't feel too bad about looking after your own interests!!

OK, that's good. Optima will have to pay a £40 fee to have the stay lifted, and once they have done this the case will be automatically transfered to your local court. Warning - Northampton will not advise you of this transfer!! You will know nothing of it until Optima send you their witness statement pack stating the time limits you have to respond. A notification will be sent to you from your local court shortly after that. Further Warning - you will not receive an allocation questionnaire as when Optima do decide to lift the stay they will automatically request that the proceedings be transferred to your local court. IT IS VITAL that you keep on top of this so you can be one step ahead of Optima at all times. Call Northampton once a week to find out whether the stay has been lifted, and use this valuable time in between to research and support your arguments. You will then be in a position to put a decent Witness Statement together and get it filed with your local court and Optima without having to panic. Personally, I would not apply to have their claim struck out, let sleeping dogs lie would be my personal opinion. Let Optima go to the trouble and expense of having the stay lifted.Just MHO!!

Morning Pug,Did you go to Court yesterday? What happened?All the best,CM

Bump!

Annoying the DJ gave the .... the CO, but as you say, you can only pay what you can afford and sounds like the DJ made mincement of them in respect of costs, so well done you - we all knew you could do it! Please join me in a celebratory cuppa!! CM

Go Billious - the very best of luck to you. May justice prevail!

It's not up to the judge to say what the "complicated legal issues" are - wasn't it Restons who used that term? If so, it's up to Restons to prove it, not you and not the judge before a hearing surely?