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Alex J.
Alex J., Solicitor
Category: Family Law
Satisfied Customers: 3756
Experience:  Solicitors 2 years plus PQE
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I had a Tomlin Order agreed 09 Feb 2015 against NRAM

Customer Question

I had a Tomlin Order agreed 09 Feb 2015 against NRAM (MORTGAGE COMPANY) and they were to take off £14761 off arrears and leave me in credit for Feb and Mar 2015. I rang them March 2015 to be told they had not had paperwork back from their solicitors and could not accept payment as all arrears stillon account. It took until January 2016 for them to instigate the Tomlin Order - nobody would take ownership despite several letters phone calls etc by myself. I told them I wanted 8% per annum for last 10 years on monies of £14761 returned to me (Tomlin order reflects ERP and interest from 2007 - they agreed this in court) they will not talk to me about this and even though I told them the small claims H&M Tribunals state you should try and resolve the monies with the company - they still ignored me. I am putting a claim into small claims this Friday against them for the 8% per annum interest for 10 years = about £11808 + £1555.20 in charges to be refunded (again they will not talk to me about this either). Am I doing the right thing?
Submitted: 1 year ago.
Category: Family Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. The idea of a Tomlin Order is to settle the proceedings on the basis that the order is filed at court and if the order is not followed then you can go back to court and enforce the order and enter Judgment. You are obliged under the CPR to try and reach a settlement, if you are not able to reach a settlement because they wont sign the settlement order then you are doing the right thing going ahead with the court hearing. You should make sure you have sent them a letter explain that you have forced, by their actions into to do thing and say that you will be bringing their behaviour to the attention of the court when it comes to deciding who pays costs. I would then submit that letter to the court. Do you think they are likely to sign the Tomlin Order imminently or do you just not know?
Customer: replied 1 year ago.
Hi Aj they signed the Tomlin Order 09 Feb 2015. But left all monies and arrears on my mortgage until Jan 2016 and did not implement it until I kept complaining.
The 8% per annum interest comes from looking at small claims court for 8% compensation on the monies they returned to me. Their solicitors would not discuss compensation and said I would have to speak to NRAM about it as a separate issue. But NRAM will not discuss it.
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Does the Tomlin order mention anything about interest being charged?