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Alex J.
Alex J., Litigator
Category: UK Law
Satisfied Customers: 3497
Experience:  LLB, LPC, DELF
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If a bank fails to comply with a tomlin order what can one

Customer Question

If a bank fails to comply with a tomlin order what can one do The order was issued on 25th of september to be carried out Within 21 days (to remove my credit card debt write of remainder of my loan and a settlement sum of compensation this has not veen
carried out) Many thanks tony dermody
Submitted: 1 year ago.
Category: UK Law
Expert:  Alex J. replied 1 year ago.

Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Are you the claimant in the case? Does the tomlin order allow you enter Judgment if the order is not complied with? Kind regards AJ

Customer: replied 1 year ago.
I am the claimant, what you say about judgment I don't quite understand
to my knowledge a tomlin order is an order agreed by claimant and defendents (bank)
the order states that parties have agreed terms of settlement
the first defendents write of loan £2000 +
-----------------------------------credit card circa £5000
pay £15000 compensation
pay £1658.88 claimant costs
remove defaults from credit card account and default on loan account
none of these things have been carried out
hope this gives you clearer idea
when you say enter judgement not sure, they have failed to carry out order
many thanks tony dermody
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Normally what happens with a Tomlin Order is if the defendant fails to comply with it, the claimant can go back to court and ask the Court to grant Judgment against the claimant. Does the Tomlin Order say in its schedules if there is any sanction for non compliance? Kind regards AJ

Customer: replied 1 year ago.
If I went back to court asked for a judgement to be inforced would just be inforcing the
Tomlin report or could i claim all my expenses in this case for instance
Thank you this should be final request. tony dermody
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. If you went back to court, to ask the court to make a Judgment then there would be a costs hearing as well, so you could indeed require the court to make order that the defendant pay your costs, especially as the defendant has not complied with the order. Have you written to the defendant and asked them to confirm why they have not complied with the order? Kind regards AJ

Customer: replied 1 year ago.
thank you for your help this is the fourth time
that Halifax have not complied with court instructions
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Are they still chasing you for the debt? Kind regards AJ

Customer: replied 1 year ago.
Expert:  Alex J. replied 1 year ago.

Hi, Thank you. Their actions make know sense because if they signed the tomlin order it means they have agreed to write off the debt. I would write to them and say the follow - (i) They agreed to write off the debt under a tomlin order dated xxx (ii) By continuing to chase your for the money they are now committing a criminal offence under S.40 of the Administration of Justice Act 1970 but harassing you for money that you do not owe and should be written off. If they continue to chase you will have no option but to apply to court for Judgment to be granted in your favour and recover the costs of doing so from them directly. I would also take the tomlin order register a complaint with the Financial Ombudsman -

www.financial-ombudsman.org.uk/

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