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Posted: Sat Jan 19, 2008 2:25 pm
by depressed
hi ,just a quick question i have no ccjs but i have a tomlin order against me ,which basically means i am legally bound to pay so much per month to one of my creditors ,but i am setting up an iva at the moment .
i have stopped all payments to the other creditors but my ip advised me that i could continue to pay this small amount each month to ease the pressure until they have sorted out our iva lump sum offer .
Can bailiffs come in to reinforce the tomlin order if i did'nt make a monthly payment ? also if i had a ccj but was up to date with it could bailiffs still come in ? how do you know if bailiffs are likely to call ? is it only if you don't pay something that has gone through court or could any creditor send bailiffs round at any time ?
would you receive notice by post if bailiffs were going to call ?
bit confused theres not much advice on bailiffs visits and just want to know things will be okay whilst our iva is prepared ,i know andy said if i got any threatening letters an interim order could be applied for ,but would you know in all circumstances of an intended visit ? also what are bailiffs aloud to take i'd die if they wanted to take my childrens possesions ???? thankyou : )
Posted: Sat Jan 19, 2008 2:45 pm
by MelanieGiles
I think it is good advice to carry on paying the Tomlin Order payments to avoid being in contempt of Court.
Bailiffs rarely get involved in these matters now, so I would not worry too much about them, and they can only take items which you own and not other members of your family. You are not given prior notice of the bailiff's visit.
Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
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Posted: Sat Jan 19, 2008 2:50 pm
by Adam Davies
Hi Mel
Can you explain what a tomlin order is ?
Never heard of it
Andy Davie
IVA.co.uk Spokesperson and Website Manager
About me:
http://www.iva.co.uk/andy_davie_profile.asp
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http://www.iva.co.uk/iva_helpline.asp
Posted: Sat Jan 19, 2008 3:10 pm
by depressed
hi melainie thankyou for your advice ,can they only come if they have been instructed by the courts though or can they just turn up ? thankyou .
Posted: Sat Jan 19, 2008 4:18 pm
by ellie 553
The IP said something about them to us yesterday but I heard it as 'tumbling order' - need my ears syringed! I have no idea what it means either!
Posted: Sat Jan 19, 2008 4:38 pm
by mikebdomain
A Tomlin order is a court order. Basicaly it is a form of consent order, the order permits either party to apply to court to enforce the terms of the order, avoiding the need to start fresh proceedings.
The terms of the schedule do not form part of the court order, so may remain confidential, and can include matters outside the jurisdiction of the court.
The order is named after the High Court judge Mr Justice Tomlin
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Posted: Sat Jan 19, 2008 6:04 pm
by depressed
hi mike sorry to be a pain but can bailiffs come ,if they don't have any court orders against you ? in other words if i continue to pay the tomlin will it be okay and how about other creditors now ive stopped making monthly payments would they have to go to court to send bailiffs ?
Posted: Sat Jan 19, 2008 6:13 pm
by whichwaynow
Posted: Sat Jan 19, 2008 6:38 pm
by depressed
thats pretty scary so it seems they can just call at any time even if you are in the process of applying for an iva or trying to set one up .
am i right its still quite unclear though isnt it ?
does anybody know where we stand on this ?
Posted: Sat Jan 19, 2008 10:02 pm
by rachellxx39
I have had 2 ccjs previously. One of them is included in my iva. If you are upto date with payments on a ccj then you are fine ,if you fall behind then your case can be referred back to court and then other action can be taken (bailiffs).
Posted: Sat Jan 19, 2008 11:00 pm
by Adam Davies
Hi
Bailiffs will need a court order before they can enter your property
Regards
Andy Davie
IVA.co.uk Spokesperson and Website Manager
About me:
http://www.iva.co.uk/andy_davie_profile.asp
IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Posted: Mon Jan 21, 2008 8:11 am
by mikebdomain
As long as you keep payments up on your tomlin order you will be fine. As for your other debts, bailiffs need a court order before attending your property.
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Financial Planning Certificate
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