Tomlin order

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ztania97

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Post by ztania97 » Wed Sep 01, 2010 12:41 am
Need advise plese

Tomlin order has been signed; money fully paid. Now a claimant's solicitor came back with a request for more money. Is this legal?
Thought (and it's states in Tomlin order which i signed) that was a final payment.
Very frastraiting!!
Don't want to give up.

Will appreciate any response. Thank you.
pls let me know if you need more info.
 
 

MelanieGiles

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Post by MelanieGiles » Wed Sep 01, 2010 1:01 am
The Tomlin Order is a good contractual agreement providing you have kept up with your side of the bargain.

Are you saying that the debt has been paid in full but the creditor is asking you for more money? On what grounds?
Regards, Melanie Giles, Insolvency Practitioner
 
 

ztania97

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Post by ztania97 » Wed Sep 01, 2010 9:18 am
Yes, money been paid according to Tomlin order.
Here are some background information - My friend was involved in an accident. Was hit by motorbike. A few months later the motorcyclist claimed that he was a victim. It's been over 3 years; couple of court orders. Eventually a Tomlin order has been signed for £4k and she paid all the money. Now a claimant solicitor sent a letter that another £ 5k for alternative cost.
Her solicitor says that she will need to pay another £1k to him to try and settle for addtional £1k.
My friend is quite upset as it seems to be never ending issue...
 
 

FormerlyST1100

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Post by FormerlyST1100 » Wed Sep 01, 2010 9:45 am
Bit confused here, I would have thought that as it was a road accident settlements would have been made from the insurance company of your friend.
 
 

ztania97

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Post by ztania97 » Wed Sep 01, 2010 9:58 am
She was a pedestrian, hit by motorbike (was crossing the road not exactly at zebra crossing, but not far). She has life insurance which didn't cover for that sort of things.
 
 

FormerlyST1100

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Post by FormerlyST1100 » Wed Sep 01, 2010 10:13 am
Ah right thanks, that explains it.
 
 

MelanieGiles

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Post by MelanieGiles » Wed Sep 01, 2010 10:18 pm
I cannot comment on the Tomlin Order as we don't know the full facts surrounding the nature of the order or your friend's responsibilities under it - but how unfair if she was the pedestrian to be deemed responsible for the accident. Presumably the claimant said that she stepped out in front of him without warning?
Regards, Melanie Giles, Insolvency Practitioner
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