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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello, can a Tomlin order be modified once it has been issued

Customer Question

Hello, can a Tomlin order be modified once it has been issued but not yet sealed by the courts?
Submitted: 4 years ago.
Category: Law
Expert:  UK_Lawyer replied 4 years ago.
Thank you for your question. Please remember to rate my answer positively so I can get credited for my time.

Are you requesting it to be varied or the company?
Has the variation been agreed?

Kind regards
Customer: replied 4 years ago.
I think I need to explain further. The claim is for utility arrears on a property which now sits empty and is going through probate. However, since the bill is in my name I am being held liable. I felt pressured into agreeing to payment terms which includes £150 towards the arrears and payment of on going charges in full as they fall due. At that point I did not know that this was going to be sealed by the courts. I was issued with a document to sign which I did but the district Judge has now deferred this case because he wants to be sure that I have full understanding of the contents of the schedule (I did not receive a schedule). I have now received and read the schedule and would like it amended to exclude the ongoing usage charges.
So far I have kept I with the payments as agreed.
I hope this is clear. Thank you.
Expert:  UK_Lawyer replied 4 years ago.
Thank you for your reply.

You now have two options:

1. You get in touch with the otherside and ask them if they agree to remove the £150.00 usage charges on the Tomlin Order. If they agree then all you need to do is attend court with the revised Order and state to the court that the Order has been amended and agreed by both parties.

2. If the otherside does not agree to the amendements you will need to file an N244 requesting the court to amend the order. http://hmctscourtfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=484

I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time.

Kind regards
UK_Lawyer and 2 other Law Specialists are ready to help you
Customer: replied 4 years ago.

Thank you for your response. You did not read my reply properly. I agree with the £150 per month to cover the arrears, however I do not agree that I should be bound by a court order to make payments for ongoing usage chharges.


 


I have downloaded the N244 and will fill this out and post it to the District Judge. I hope it will serve it's purpose.


Thank you for your advice

Customer: replied 4 years ago.


Hello, attendance at court is not required.


 


Can I file the form N244 online?

Expert:  UK_Lawyer replied 4 years ago.
Thank you for your reply.

No unfortunatley not you must post the order enclosing the required fees. Please see following link if you have any further questions:

http://www.justice.gov.uk/courts/northampton-bulk-centre/ccbc/frequently-asked-questions

I hope this answers your question.

Kind regards
Customer: replied 4 years ago.

Unfortunately that link did not help, It does not state in whose favour the postal order or cheque is to be made out.


 


I hope to post the form today.


 


Also do I need to inform the Claimant when I submit a N244?


They are expecting a signed Tomlin order by the 27th.


 


Thank you.


 


 

Expert:  UK_Lawyer replied 4 years ago.
Thank you for your reply.

You need to make the cheque payable to HMCTS.

You should make them aware of the fact that you are looking to submit an N244, you may also want to send them a copy of it.

I hope this clarifies the matter.

Kind regards