Hi everyone,

I got into difficulty paying back a Tesco loan 5 years ago and ended up going to CCCS to set up a payment plan to repay my debits. All was going well till last year when I decided to pay my debtors directly. All my debtors were happy with this including Tesco, but SOMEHOW they did not take payments for 3-4 months without me realising. I ended up with county court papers, so I phone Tesco to sort out the payments and they said that I could setup a Tomlin order, which I agreed to. While the paperwork was being sent out, I made a payment just to make sure I had a record of what we had agreed. Tesco advised me that they would cancel the court proceedings and as long as the y received the papers all would be well. 30 days passed and I noticed that once again they had not taken the payment as agreed so I phoned up to find out why. I was told that they never received the papers so they went ahead with the courts and I now have a CCJ by default. I have left it at that for over a year but I still feel it was unfair.

Is it worth trying to get the ruling overturned? Bearing in mind the following points

1. I never received a default notice but on my credit record there is one listed from nearly 5 years ago

2. We agreed a payment plan and I made a payment as proof but still they took action

Thanks for any advice

hi

also where can i find a SAR template?

thanks,

pete

its ok, just found it

A Tomlin Order is used to avoid a CCJ. If you don't care about the CCJ I wouldn't both, although you have obviously incured additional costs on top of the debt (Although it is possible the tomlin order amount is the amount of the claim form as they would have already issued and incurred the costs).

So I'd look how much the CCJ is and how much the debt written into the Tomlin Order was, if it's the same then financially you aren't out of pocket.

Of course, it will affect your credit rating but unless you can show proof that you returned the Tomlin Order to them or that they received it (i.e: recorded delivery) then I think they are ok to assume that you didn't respond and can proceed assuming you no longer wanted the Tomlin Order

Hi, thanks for your reply

i think what really bugs me is that it is a CCJ, i have paid nearly £38k back to my creditors and they are the ones who were a nightmare to deal with.

i dont want the CCJ round my neck now when i have come so far and paid so much back, i was on track to getting myself sorted and now im out for another 5 years (when ccj is removed)

cheers,

pete

Have you got the details of the Tomlin Order to hand, what were the terms?

Also, do you have any proof you sent it? (not that this 100% matters)

Also, what action has been taken since the CCJ? Have they taken it further or is it a CCJ for a monthly amount? Have you paid monthly amounts since?

hi sadly i have no proof that i sent it back and cant really recall the exact details of the tomlin order. i have paid the set amount every month without fail since and am about to double my payments to them to get it paid quicker

i really would like the chance to get that ccj set aside

cheers

pete

hi sadly i have no proof that i sent it back and cant really recall the exact details of the tomlin order. i have paid the set amount every month without fail since and am about to double my payments to them to get it paid quicker

 

i really would like the chance to get that ccj set aside

 

cheers

pete

Without proof then I think you're stuck

Does the CCJ require you to pay a set amount each month or is it one that required payment immediately leaving the creditor future enforcement options as it's unlikely you can pay in one lot.