Tomlin Order Exit

[Chipmeister]

Hello again,

 

I currently have a debt in place which is being dealt with via a Tomlin Order.

 

The debt was originally with a credit card company and the Tomlin Order instructs me to make monthly payments to their solicitors. The debt has since been sold on but my monthly payments are still made to the credit card company’s solicitors (who also act for the debt purchaser) in accordance with the Tomlin Order. I can see the balance outstanding decreasing each month on my credit report.

 

Every now and again the solicitors will contact me to advise that the debt purchaser wants to conclude the matter and offer me a settlement figure. Each time I remind them that the Tomlin Order is in place and to beggar off.

 

I am now potentially in a position to pay the debt off in full but from my research into case law I have discovered that a Tomlin Order can't be varied unless one of the terms within it expressly states that it may. If that doesn't exist (and it doesn't in mine) then the court can only concern themselves with what the order actually states. The order was agreed in my local court and it seems clear that a variation cannot be proposed.

 

Is there any way I can apply to the court to end the Tomlin Order and replace it with a new agreement on the basis that I am in a position to pay the full amount due and request that my credit record be updated accordingly? If so, would all the original parties have be contacted as well as the new owner of the debt? Chances are the purchasers aren’t even aware the debt has a Tomlin Order attached to it as the solicitors seem to forget on a regular basis, and they’re the people who drew it up.

 

If no application can be made to effectively cancel the original order and replace it, presumably I’ll just have to suck it up for next four years which I would happily have done had I not suddenly found myself in a position to clear the debt.

 

On this basis, when all agreed payments have been made will my local court be notified that all aspects of the Tomlin Order have been complied with? If so, who is responsible for notifying them, the solicitors or me? Or does the order simply complete and the court assumes that terms have been complied with as no one has re-activated the case?

 

Many thanks for any insights provided!

 

All the best,

 

Chipmeister

[citizenB]

Interesting question. I will ask one of the site team if they have any ideas.

[Chipmeister]

Thanks CB!

[citizenB]

Here you go.. HTH

 

 

The Tomlin Order ends...if a F&F settlement is agreed with the claimants Sol and paid...that is the end of the matter...the only other court involvement is if a breach has occurred or the terms needs to be changed.

[Chipmeister]

CB, Andy, thanks as ever for your help! All the best, Chipmeister

[citizenB]