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Ask ivorylounge Your Own Question
Category: Law
Satisfied Customers: 33380
Experience:  Barrister at Self Employed Barrister
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Please can you advise me if I have a chance in trying to lift

Customer Question

Please can you advise me if I have a chance in trying to lift the stay of proceeding due to breaches of a Tomlin Order?' It would help me.
Submitted: 2 years ago.
Category: Law
Expert:  ivorylounge replied 2 years ago.
can you provide some further information
Customer: replied 2 years ago.
So am I right the options open to are re Tomlin Order:-
1. Lift the stay due to a breach?
or "sue upon the settlement"(not sure what that means)
3.else "start fresh proceedings" eg matters below .' I can provide voicemail evidence(June 2014) betraying a tactic to drive up the house prices so it becomes unaffordable for me.
Expert:  ivorylounge replied 2 years ago.
Normally in a tomlin situation there is a 'liberty to apply' clause whereupon if there is non compliance with the tomlin order then one or both can bring the matter back to court for breach.
Customer: replied 2 years ago.

Attachment: 2015-10-21_122817_tomlin_order_complete.pdf

Attachment: 2015-10-21_122837_events_since_the_tomlin_order_2.docx

Attachment: 2015-10-21_122913_first_letter_sent_24th_march_2014.pdf

Attachment: 2015-10-21_122937_second_letter_sent_14th_april_2014.pdf

Attachment: 2015-10-21_122957_third_letter_sent_12th_september_2014.docx

Attachment: 2015-10-21_123018_fourth_letter_sent_31st_march_2015.docx

Attachment: 2015-10-21_123050_fifth_letter_sent_20th_april_2015.doc

Attachment: 2015-10-21_123130_28th_april_2015_defendants_solciitors_letter.pdf

Attachment: 2015-10-21_123154_response_to_edward_duthies_letters.docx

Attachment: 2015-10-21_123251_text_messages_from_defendant.pdf

Attachment: 2015-10-21_123320_some_events_in_brief_before_the_tomlin_order.docx

Attachment: 2015-10-21_123355_possession_order2013.pdf

Sorry I should have attached paperwork for your perusal earlier.

In brief, I wrote to him, brother and defendant, initally in March 2014 so he could follow the T.O. to the transfer the house and I could intiate buying his equity. Four further letters followed. Only after 5th letter was sent did he respond via his Solicitors on dated 28th April 2015 as the date 1st May 2015 deadline approached. Another letter was sent by the defendants Solicitors on 26th August 2015, which was was not attaching and will look to do that as soon as possible. I've sent a response on 19th October 2015.

The defendant is breach of terms 1 thus 2&3 inactioned,4 5,11,13,14 followed in letter but not the spirit of the law.

I have fallen foul of term 7, indirectly attributable to D.

Please advise the if you feel I could be successful if I were to make an application to lift the stay. Or any other option you feel should be chosen.

Thanks in advance.

Expert:  ivorylounge replied 2 years ago.
I think I would be minded to write putting them on notice that I will bring the matter back to court unless the issues are resolved within 14 days
Customer: replied 2 years ago.
Ok. 1.But do please advise the if you feel I could be successful based on the infomation I have given, if I were to make an application to lift the stay. Or2. any other option you think is more appropriate.3. What are the points do I have in my favour and my weakness, have I addressed them appropriately?
Expert:  ivorylounge replied 2 years ago.
i have given my suggestion
Customer: replied 2 years ago.

Sorry I am really confused.

1.Is your suggestion I can 'make an application to lift the stay?'

2.If so do you think I have sufficient grounds to do so?

Expert:  ivorylounge replied 2 years ago.
If you consider that they have not complied with the order and that is really a matter for you as you know all about the case then you should write to them formally and put them on notice of your intentions.
Customer: replied 2 years ago.
In my attachment earlier ' response to Edward Duthie's letter' I sent on 19th October, Isn't what I've said suffice for this purpose?
Expert:  ivorylounge replied 2 years ago.
Its a good letter - but I would set out in one letter to them (as if you are writing it to the court) the current state of matters and their breaches - give them a specific date and time for response. Please rate