old MBNA debt, sold to IDR/LINK - now got claim form - help

[dx100uk]

https://www.consumeractiongroup.co.uk/forum/showthread.php?402706-old-MBNA-debt-sold-to-IDR-LINK-now-got-claim-form-help&p=4352500#post4352500...old thread?

[sidley]

Thanks dx,

 

Yes, I had forgotten that I'd started a thread about IDR.

At the time I was going for cataract operations as well as a tumour (biopsy - benign), it wasn't a good time for me to fight them so in the end I caved in (put a Tomlin Order on my house).

 

Been paying for 4 years now (10 yr deal).

 

If I knew ,then what I know now I would have defended as most of the docs were either missing or illegible.

The default notice looked liked monkeys had typed it!

Edited March 28, 2018 by dx100uk
spacing

[dx100uk]

I've merged the threads for you..

 

a tomlin order doesn't result in anything against the house?

[AndyOrch]

You mean a Charging Order?

[sidley]

Hi Dx & Andy,

 

The document, Tomlin Order, mentions entering into a "Voluntary Restriction" against the property named .............. Is that the same as a Charging Order?

[AndyOrch]

Yes...as its part of the Tomlin Schedule you were correct initially ....but have you signed anything further or was that just noted if you breach the Tomlin Order?

 

" (put a Tomlin Order on my house). "

[BazzaS]

Tomlin Orders (TO's) are incredibly flexible. It is entirely possible the Creditor asked for a voluntary restriction at the land registry as part of the TO, and if the OP agreed it as part of the TO, and then entered into it at the Land Registry, that a restriction exists.

[dx100uk]

Well is there a restriction then?

[sidley]

Yes. I think, can't actually remember though, my wife had to sign something as she, is of course, part owner of the property.

 

Does that help?

sidley

[dx100uk]

go check land registry site...

https://www.gov.uk/government/organisations/land-registry