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Posted: Wed Jan 14, 2009 6:56 am
by jripley
Hi I,ve been out of action for a while. DMP with Kensington Finance has been plodding along succesfully and all harassing phone calls had stopped !!! Came home last night to a court action. My major debt is with Nat West and they had accepted a reduced payment. All correspondence has been sent as advised to my debt manager. Many months ago,after I had an indicatiion that all was progressing with Nat West ,I recieved a letter from another dept at Nat West saying that they were pursuing the debt and wanted my proposals or else. I passed this, as advised, on to Kensington. They never seem to get into any correspoondence with myself but just send me a standard response thanking me for my communication. This has been fine by me as I don't have to do anything and it gives the impression that all is in hand. A short while ago(a month or two), I had confirmation from Kensington that Nat west had definatly accepted reduced payments and all was well. Came home last night to this Court action having been started by Nat west to recover the debt. It was too late to contact KF and I know that all advice will be to do this pronto this am However I have a sleepless night and despite this missive appearing calm ,I am at heart attack level.I could not cope with the shame of court action and I feel sure that I would lose my job or have leave in shame. How can this have happennned when in a DMP which I am paying for and am meeting the payments Also apparently ,almost out of the blue with no prelimniaries. Will my financial plan manager have a supervisor or is there any other dept/agency that could sort this out. All my security and confidence in this plan has now been shatterred

Posted: Wed Jan 14, 2009 7:01 am
by David Mond
I would contact Kensington first thing - I have sent a note to their boss to action this pronto - don't worry they will sort it for you.

Posted: Wed Jan 14, 2009 7:58 am
by jripley
David,Thanks for this prompt support. I had not realised that you could do anything and I do intend to contact Kensington this am. I posted the message to offload really as I felt at my wits end and hopeless last night. I will try and believe in your confidence that they will sort this out and deal with it. A major worry for me now will be 'not being kept informed'. I was content and happy not to be mithered before and I just assumed that this is the way they dealt with it , ie not replying but just sending me a standard letter saying that they were dealing with the correspondence. I think for my peace of mind I need to insist on more communication and dialogue as I still do not understand how this has happened

Posted: Wed Jan 14, 2009 8:01 am
by David Mond
Always best to keep in touch and have a continuos dialogue with your chosen DMP or IVA provider. Good luck I am sure they will be intouch soon.

Posted: Wed Jan 14, 2009 9:56 am
by kallis3
I hope you manage to get this sorted. It's not good when you think everything is going along swimmingly.

If it got as far as court, I doubt anyone you know would find out about it, so don't worry about your job.

Lets hope Kensington get in touch with you today.

Posted: Wed Jan 14, 2009 3:09 pm
by jripley
Really anxious now. My fund manager wasn't going to be in until midday and he would then prob ring me. Did not so I rang but he was on the phone and would ring me back 3.0pm and no call as yet.I have not gone in to work today due to this worry.The person I spoke this morning to seemed to think that it was quite normal procedure for a court action to come out of the blue. Said it was Nat West way of securing ,gaining confidence that the payment plan would be honoured. Then a comment about just how large the loan was had probabl;y prompted the court action. Was told to send the form imediatkey as I would only have 14 days to do this. he explained that DMP could never guarantee to stop court actions - I,m aware of this but had felt secure and confident that after 5 months of paying the problem had been resolved. Then a discussion about gaining a Tomlin order which would not appear on my credit file due to my job. All of which made me feel worse,heart pounding again as it all sounds as if this is not a case of crossed wires or error which I was hoping for. I had starting relaxing and sleeping agin before this not it feels as if the world is caving in again

Posted: Wed Jan 14, 2009 3:18 pm
by kallis3
Don't know if you know what a Tomlin order is (I'd never heard of it before), but I Wikipedia'd it)

http://en.wikipedia.org/wiki/Tomlin_Order

Hopefully one of the professional experts will be along to advise.

I really do hope that you get it sorted out soon.

Posted: Wed Jan 14, 2009 8:05 pm
by stuartparkin
David, thank you for bringing this to my attention.
I shall put this to the top of my list and get this sorted straight away!
Stuart Parkin
Managing Director
Kensington FMC

Posted: Wed Jan 14, 2009 8:22 pm
by johnh
RESULT!!!! Nice one David and good luck Ripski in getting this sorted. What a godsend this forum is!!!

Posted: Wed Jan 14, 2009 8:28 pm
by Adam Davies
Hi
Good result David and all credit to Stuart for responding.
Regards

Posted: Wed Jan 14, 2009 9:44 pm
by Storm
General question for the IP's - do you find wide use of Tomlin Orders ??

I haven't come across one for a long time ?

Posted: Wed Jan 14, 2009 9:54 pm
by Lisa2009
Good result once again to David.
You really are a great asset to the forum.

Posted: Wed Jan 14, 2009 9:58 pm
by jripley
Finally- got a call from my fund manager at 8 30 pm but it was impossible and innapropriate to talk then so hopefully we will do so tomorrow. I was unable even to talk enough to gain any reasurrance The last message on the Forum related to this 'Tomlin' order but I am most concerned that it doesn't even get to this.
Has anyone knowledge of a Court action being started so far into an agreed payment plan.
I know that these can happen under a DMP and there are no guarantees of interest and charges ceasing . However I have had no problems with any of the other creditors once the payment plan has been agreeed,even reportedly difficult companies. A friend (who put me on to this Forum) has similarly had no probs and feels sure that this must be a case of crossed wires. Any thoughts -particularly ones that will aid sleep.

Posted: Thu Jan 15, 2009 4:51 am
by David Mond
A Tomlin Order is used where it has been agreed that court action is stayed as an agreement has been reached between the parties. Provided that agreement that has been reached and each party carrries out what they have agreed to do then such Tomlin Order can be enforced.

Glad I was able to get Kensington to respond on the other issue.

Posted: Thu Jan 15, 2009 11:30 pm
by MelanieGiles
Tomlin Orders are relatively rare - I have only seen two in the last five years in my own portfolio.