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JimLawyer
JimLawyer, Solicitor
Category: Bankruptcy Law
Satisfied Customers: 7129
Experience:  Senior Associate Solicitor
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I had been communication with JimLawyer on the subject of a

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Good afternoon. I had been communication with JimLawyer on the subject of a Tomlin Order which is overdue and expired for payment on 4th October. Yesterday the former client and now claimant of the Tomlin Order told that because he was not paid he would continue for recovery of the sum due, I explained that the only reason he was in receipt of a Tomlin order, was because of my lawyer and his representing barrister negligence, (the original case was never heard as the papers were not put before the judge), the matter was reported to the Legal Ombudsman. JimLawyer also assisted to draft a Notice of Proceedings letter which was duly sent to the lawyer and a reply was received from RCP Loss adjusters. Both have confirmed that I will get an answer by end December. Is there any way I can ask the court to stay the process of recovery of the Tomlin order please? Many thanks. Jock MacKenzie

Hello, this is Jim.

You can ask the court for a stay under rule 3.1(2) of the Civil Procedure Rules 1998. You will need form N244 (attached) and send 3 copies to the court with a fee of £255 payable to HMCTS.

I hope this answers your question – if so could you please click 5 stars at the top of your screen, that will give me a rating on the site and I can answer any follow up questions at no extra charge.

Many thanks,

Jim

Customer: replied 3 months ago.
Thanks Jim, you are sure this rule willapply to the Tomlin Order please? Justa "yes" gets you another 5 stars. Great service. Jock

Hi there, yes, the N244 is an application form to use in these proceedings and would also be used to ask the court to stay the execution of a Tomlin Order.

I recommend that you go in person to the court and have them deal with the N244 same day - to ensure a judge looks at it as soon as possible.

Many thanks for the comments too - glad to be of assistance!

Customer: replied 3 months ago.
thank you I will take them to the court personally with the notes from Legal Ombudsman. 5* it is. Many thanks again. Jock

No problem, thank you again

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