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James Mather
James Mather,
Category: Bankruptcy Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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i have a debt to be repayed by order of the court via a Tomlin

Customer Question

i have a debt to be repayed by order of the court via a Tomlin order that was sealed some months ago. The date for payment was 1st April 2013, but the judge has extended the time as I do have assets to pay the debt, but had to realise the assets by selling them. I never agreed with the amount to be paid, but unfortunately I was not able to go back on the Tomlin order. I have 2 weeks before a bankruptcy hearing, but I do now have the funds to pay. My question is that can the claimant refuse the payment in the way in which I wish to pay him? I called his solicitor to make an appointment for this week to ask him to come to the bank and for me to withdraw the funds from my account and hand him the cash there. He has refused this. I do not wish to transfer the money or give him a bankers draft, which he has said he will accept as this money he has managed to secure via the Tomlin order was not my debt. The claimant was originally claiming from my husband's estate saying that he lent cash, but never provided substantial proof. It has now become the case that I am personally liable and for this reason I want to ensure that the only way that he receives any money back is in the form he said he lent it. Can I insist he takes the money this way? If so what can I say to his solicitor to insist this. Everyday I am paying interest on the amount and so the longer he refuses the more I have to pay. Could you please advise my best course of action bearing in mind that I would want to pay him cash. Thanks.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  James Mather replied 4 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name is Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Is there any particular reason why you would like to pay him in cash?
Customer: replied 4 years ago.

Yes because he says he lent cash but he could not account for this cash in his tax returns when we asked for disclosure. I believe he gained this money without declaring it for tax and therefore me giving it back to him in any other way than in cash would mean that he would have "cleaned" any money he had evaded tax on. I strongly believed that the debt to the extent that he claimed ever existed because I know my husband did not have anything to show for the huge sum he was claiming in cash. The money I am paying him is my hard and legally earned savings. I do not in any way want him to beable to use my "clean"money as a way to get away with what he has done.

Expert:  James Mather replied 4 years ago.

If he lent money, and it was a personal arrangement, it would not
normally go on his tax return.

A solicitor will not usually take cash over about £200.

I appreciate your point that you would be seen to be cleaning the
money but I don't think it is worth going to court over the order because you
want him to be paid by cash and not a cheque.

There is nothing to stop you going to court at the bankruptcy
hearing (I assume that he is the one who is a applying to bankrupt you) with a
huge bag of cash and telling the judge that you are quite willing to pay and
here is the money that you are quite willing to give in the same form as which
he borrowed it but he has refused to take.

How much is involved?