Bit of strange twist

Hi All

I dont really know what direction to go on this, as it seems a little suspect

i called a certain debt company that i got into a tomlin order with, paid half of it, then rang up to see how much i had to pay remaining

the strange thing here is, they stated a debt amount on their system that was disputed in court and i completely denied that i owed them or even had a contract with them
sadly my lawyer got me to take a tomlin order to complete the days incompetence's of his but thats a different story

so i rang them and they said i owed them the alleged debt they brought amount, something i have denied and stated that i did not make this agreement amount and it was fraudulent for them to even has that amount on the system

i then said, i agreed an amount in the tomlin order and that was the amount contracted to be on the system only and not this larger amount, the person from this company stated that it didn't matter, they have this larger amount on the system and not to be concerned about that number...

now, i never made contract for a large amount of debt, only in the tomlin order, so i am annoyed that each time i say, i have contracted with them, for the tomlin amount agreed.. they keep saying that it doesn't matter, on their system it is double the number, the amount i disputed..

when i said, i think we should go back to court, due to them saying that this larger number is on their system, and that would be available for a credit report, i am a little concerned that these people are playing a game that im not happy with

when i said, i think i will take this back to court, they put the phone down

because of this information, i am thinking about taking it back to court, to see if i can fight what information they say is out in the financial world, that i owe them a larger amount of money, then agreed in the tomlin order

any advice would be appreciated

i have absolutely nothing on my clear score report about this debt also, so i am a tad confused

I suggest you wait for waylander, This may be of some help.
Also from now on only ever contact vis royal mail.records are very important.

https://www.inbrief.co.uk/civil-court/consent-orders-in-civil-litigation/

not too familiar with tomlin orders as i dont like or agree with them ( gives the claimant money )

you may need to get back in touch with the lawyer if you dont have a copy of the terms agreed in the order to see what the terms actually are ( i hope you know )

with a tomlin order the court action is stayed only so i would continue paying as per the order else they could take it back to court.

i would do 2 things

i) read the terms of the tomlin order check what is agreed
ii) write to the Claimant and request an up to date statement of account , including payments made and any outstanding balance, see what they come back to you with.

Thanks Waylander

Yes, i didn't want to set up a tomlin order either, but the solicitor and the judge both strongly advised me to do it or face the consequences..

i have the copy of the Tomlin order, they have not followed the ruling themselves, one point that i made sure was in the order was, very clearly stipulated they had to contact me each 6 months, to make sure that my financial situation was viable to pay the amount set out..

i called them a few days ago and gave me all this other, none agreed amount on their system.. but other than that, they haven't contacted me since 2018, so they have broken the contract?? something i can use against them, i would have thought??
i wont be stopping the payment but i will be looking into getting this squashed some how..
just trying to find a way to do it really

it will be a difficult one to get it quashed for that reason

if you have the Tomlin order then make sure that when you have paid what was agreed it will be a full and final settlement.

write to them and simply ask for a statement of account and any outstanding balance, if you want to add in the letter that they have not adhered to the agreement for ..... whatever reason, then do so and ask them why if you wish. You need to get all of this in writing to have any chance of pursuing them in the future.

a telephone call will just be denied their end so will be worthless.

having thought a bit more about this

the thing with a tomlin order is that the agreed balance owed lets say 50% of the debt claimed is only valid whilst the defendant is keeping up payments and until the agreed sum is paid.

IF at any time the defendant breaches the terms and misses a payment then the claimant can go back to court and claim the full amount due, so with that in mind you would be unlikely to succeed making a complaint against the claimant for stating the full 100% is due, as strictly speaking it is until the agreed sum is paid as per the terms of the order.

hope this makes sense.

Thank you Waylander

i have contacted them(Phone) to ask why they have defaulted on the contract, just so they have it on a verbal record(knowing this means absolutely nothing to them) but i will be looking to write a breach of contract letter, or find one, so i have at least done something in writing

i will be doing it as "signed for" post, as needed with these people

Just seems that these people can do what they want, take all liberties but if i miss do the slightest of thing, they come down on you hard