I don't think a Tomlin order is really want you need here, it's not usual to use one in these circumstances. I would suggest a simple order providing for the setting aside of the judgment, a payment in full and final settlement of the debt and a provision for costs as appropriate.

However, as you've had an application to set the judgment aside dismissed I don't see why a creditor would agree to losing the security of the judgment when they can enforce it instead.

I would suggest that you leave your partner's income out but also don't include any expenses that s/he pays for so that the court has a true statement of YOUR income and expenditure (e.g. if your partner pays half of the mortgage then don't put the full monthly instalment as your expense). On the other hand you could put your partner's income but then include his/her expenses as well.

The most important things are to be consistent and accurate.

As said, the official copy of the register of title from the LR will be definitive evidence of whether the charge is still registered. I think a copy of the register costs about £4.

Sorry, one more point:

As for payment of the CCJ that is a matter for negotiation between yourself and the creditor. Upon payment you can obtain a certificate of satisfaction showing the debt has been repaid. You would have almost no prospect of setting aside a paid judgment.

I was told that I dont have much chance of them being setaside I was advised because it is my responsibility to keep creditors informed of any address changes.

 

Is this correct ? or is there still a chance I could ?

 

Would a CCJ accept very small monthly payments and still offer to set aside upon completion of payments ?

I would suggest you have little chance of successfully applying for the judgment to be set aside. You would need to show either a real prospect of successfully defending the claim (you have raised no actual dispute in your post) or show some other good reason for the judgment to be set aside (non-receipt of the pleadings is not sufficient in itself).

The problem you have is that the pleadings were properly served at your last known address and it is indeed your responsibility ordinarily to inform a creditor of any change in address. In response to your application the creditor would likely say that you were served and in the absence of any dispute there is no point in setting the judgment aside.

As an additional consideration the debt is relatively small and you would more than likely find that, even if you did succeed in having the judgment set aside, you would be ordered to pay the creditor's wasted costs of the application on the basis that it wouldn't have been necessary if you'd told them of your new address. These costs would likely be more than the amount of the debt.