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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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can a tomlin order over 4 years old be enforced while a

Resolved Question:

can a Tomlin order over 4 years old be enforced while a police investigation is ongoing into the matter concerned

This is background information to my original question.

I put up my home as security for a business partner who promised to repay to the bank and signed statements to this effect with the bank. i was unaware of any failure to repay the loan until I received an application for repossession 4 years ago. I contested this matter and the law firm making application for the repossession took an unfair advantage, (i was informed of this by the Police in that while representing myself due to ill health I could not afford a solicitor) to agree a Tomlin order which prevented me from putting forward the information outlined below to the court.

The police when I reported the matter told me that had i been able to put the facts of the event before the court, which happened on the Isle of man (house located in UK) the judge would never have granted a repossession order. Hence the reasons why the solicitors for the bank pressurized me to agree a Tomlin order as a safer option to protect my home.

A full statement was taken and passed to the Isle of Man police who maintain they are still investigating and have not given me any news to say different despite numerous requests. . On Saturday 4th I received  a demand for the loan in full to be repaid by Friday 10th October.

I need to know can the bank through its solicitors make an application that in effect attempts to usurp the course of an ongoing investigation into the matter. They are fully aware that the investigation is into fraudulent activity involving their bank officer who lost his job at Barclay's bank on the Isle of Man.

My partner was also involved in a IVA which he failed to disclose to me and the bank bank and gave fraudulent income earnings on his nforms to the bank. I was not privy to the bank application he signed and which I only discovered in the initial hearing process for repossession.

As stated above I defended myself throughout due to ill health and whilst I felt pressurized to sign the TOMLIN ORDER I did so because of the deterioration of my health. I have later discovered that my business partner and the bank officer set up business together

I need to know can the Bank try to have the Tomlin order registered and a a repossession order granted while the Police Investigation is ongoing.

2. the time table and procedure. Will I get an opportunity to file for admittance of evidence  available since the agreement to the Tomlin Ordersuch as the ongoing Police Investigation.

3.Can I ask the court to order a report of the investigation to date and where it stands. It is my deep belief that the IOM police as simply sitting on the matter as they dare not risk the reputation of fraudulent banking on the island. This is not a supposition on my behalf but based on informed knowledge of the Isle of Man financial authorities and the protectionism of the banks on their Island. There are many detailed press archives that support such an assumption.

4. Will the delay in processing the Tomlin Order become an issue at the hearing in trying to have it recorded at the court or is there a timit limit in which they should have enforced the order.     What if any  would the court grant me should they accept the Tomlin Order.

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Yes a Tomlin order can be enforced which is 4 years old and is being investigated by the police.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

If the police suspect fraud on behalf of the bank officer

Customer:

How can the court rule on a police investigation

Alex Watts : The court won't, that's a criminal matter separate from civil proceedings
Customer:

Thank you for the reply, but according to the police the loan was fraudulently granted by the bank because the failed to do proper diligence to protect me as guarantor. As such I am concerned that I may now lose the property, and be legally correct. I am also about to instruct Isle of man advocates to instigate court proceedings on the Island would in your opinion such action halt the repossession. Thanks I am simply confused and need to make sure I make the right decision, as I have to commit my pension savings to rescue my home to a solicitor in the UK or the Isle of Man advocate

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