Tomlin orders and credit card debt

[summersun6]

I got into problems with a credit card and ended up being taken to court by a DCA. A Tomlin order was agreed for me to pay a set monthly payment. I paid for several months until I became unable to afford to do so. This was two years ago and nobody has approached me to remonstrate. What is my position here and how long is the Tomlin order valid for ?

[mjt2013]

The Tomlin order remains 'valid' in the sense that it continues to exist but obviously you've breached it. Usually the order will specify the consequences of breach such as the Claimant being entitled to lift the stay and request judgment so you may want to double check the order itself. On the other hand the Claimant can't be forced to exercise it's rights following from the breach so if they just want to leave it then they can, as odd a decision as that may be.

[summersun6]

Strange indeed, so I could end up being 95 years old and summoned to pay or it could happen tomorrow. What do you think the reasoning behind not pursuing could possibly be ?

Edited February 5, 2014 by summersun6

[mjt2013]

I imagine an admin thing, either there's a backlog or you've fallen off the system due to an error!

[summersun6]

With regards the Order, it says "The defendant will pay to the claimant in full and final settlement of the claim the sum of £ xxxx by monthly instalments of £ xx the first payment to be made on or before X October 20xx"

Am i being picky or should it not say consecutive monthly installments otherwise it could go on forever in theory ?

[Andyorch]

Are there any more points within the schedule summer...most schedules consist of at least 6 -8 conditions......payment /review /breach/ judgment etc?

 

Regards

 

Andy

[summersun6]

1. payment 2.failure to comply 3.action stayed 4. agreement f&f settlement 5. supersedes other agreements 6.confidentiality

These are the six sections

[Andyorch]

Thats fine...so just keep a low profile as advised you have obviously dropped below the radar...depending on who the Tomlin is with.

[mjt2013]

1. payment 2.failure to comply 3.action stayed 4. agreement f&f settlement 5. supersedes other agreements 6.confidentiality

These are the six sections

 

So number 2 is the section that deals with a failure to comply with the order?