Apologies for the delay in responding. Unfortunately a family emergency has cropped up which has meant I have been unable to concentrate on this as much as I would have liked. To ensure that no misunderstanding would occur in the future I emailed the company and told them I wouldn't be signing as I disputed their terms and it was not as ordered by the court. I got an answer back saying they weren't trying to impose new terms they had sent through as it contained the payment details I had requested. I was going to write to the court but the current situation has drained me completely and I don't have the mental, emotional orf physical energy to carry on fighting at the minute. I've saved the emails so if they do try an enforce their order in the future I have evidence noting my dispute and them advising they are not trying to enforce / impse new terms.I would like to thank you all once again for all your help and support with regards to challenging the order.

Started working on the letter to the court and a bit unsure how to proceed. Do I just question their order against the courts order or do I list previous errors they have made ? Also do I request a copy of their own complaints procedure and make a formal complaint to them as well ?

I suspect they would claim 'an administrative error' which is what they submitted as evidence on the first stat demand hearing they failed to attend. That being the case would it be worth sending the email from 2007, detailing that I had been assured the account was on hold, the witness statement where they claim admin errors for other dscrepencied, also that they failed to attend stat demand hearing in 2007. From there point out that I don't believe it to be administrative errors and that I belive it to be genuine attempts to bypass correct procedure, intented to intimidate and an attempt to enfore their own judgement and not the courts.If thats going to far let me know.

Doh ! I'd not even picked up on that, it was the first part I had noticed they had changed. It was agreed with the solicitor to include the phrase regarding 'all other civil or insolvency proceedings'.So what would be the best way to approach this. I'm guessing I need to raise a formal complaint with them regarding the changes they are trying to get me to agree to and so first stsge would be to ask for a copy of their complaints procedure ?Are there any regulatory bodies I can make a complaint to or do I just complain to the OFT ? Do I make the court aware and would this be considered a breach of the order by them either because they have re-worded ? Are they relying on my lack of legal understanding to intimidate me to sign and thereby agree to different terms than agreed ? Would they be in breach of the order by trying to enforce new terms on me ?

I've attached the order from the court and the documents that the claimants want me to sign. Now I've looked at them together the wording is not a million miles off, however it has changed and I'm not sure if this is to make it to the claimants advantage. Also if they are issuing an order which was not ordered by the court then I want to complain about this tactic. I've looked and they are members of the CSA, however I can find not reference to them with the solicitors regulation body. The csa website says they are a trade association and not a regulatory body. So who would regulate their activites ??? CO 01.pdf TO 01.pdf

The court has arrived and no mention of a 'tomlin order'. I will post the order and the order they want me to sign. I can probably ignore theirs but think I want to raise their behavior so I have a trail of their practices in case they try anything in the future.

I'm happy to stick to the order and wording agreed in court. What they have sent differs in the actual wording. Instead of signing the agreement they have sent I will notify them of the disprency and scan / include a copy of the actual order. I will post both on here for further guidance though before responding.

Just spoken to the court who read out the order which has been sent in todays post. The wording matches what was agreed and the chap confirmed that is the order to abide by. I asked if I should bring this to the courts attention and he said i could write in and it we put back back in front of the judge. I asked about making a complaint and he suggested it would be worth taking legal advice. At the very least I'm considering making a formal complaint to solicitors governing body whoever that is.

The phrase 'tomlin order' was used but can't remember if it was by their solicitor or the judge. The wording on the order they sent through is definately different to what was written on the draft order which was given to the judge. What is a tomlin order ?

Further developments - I've received an email back from them with a "Tomlin Order" attached. The wording on this differs to the wording that was agreed and put before the judge yesterday. There is a sheet they want me to sign and return which I'm not going to. I intend to raise this with them and will not sign anything. I will set up the standing order, make sure payments are made and await the order from the court.

Just remember that it's vital that you stick exactly to the order. Some will even try and come back for a second go if you pay every month, but a few days late, so watch your back. Thats the main reason I wanted to bit adding into the order about all other action stayed. Even their solicitor said it looked like they had made mistakes in the past and to keep hold of the order when it comes through so if they try anything in future I can send it back to them.It's a massive relief but was absolutely cream crackered last night.I've emailed them this morning asking for full contact and bank details of where payments should go. Told them I will set up a standing order and if its not going to be in place this month (due to payment being required on 25th) I will make card payment. Just waiting for their response now then I can set it up.

Now that was a day I don't want to repeat again. The order was suspended. We arrived early and while we we were waiting the opposinh solicitor arrived and asked if we wanted to talk. I agreed and listened and was all prepared for a fight. My wife was a nervous wreck and in tears. To be fair he was spot on, there was no intimidation or threats. He waffled a bit so I interupted and said we have a proposal of £25 per month until June, then the car is paid and I can increase to £65. I also wanted the order to include that no more proceedings would occur while payments were made. He was an agent for the solicitors I have been dealing with so he had to get authority from them. He called and spoke to them in front of us and didn't deviate from what we had agreed. They approved it so we went before the judge. The solicitor explained we had reached an agreement but it was roughly written. The judge told him to get out and write it properly. We went back in and judge approved order. I disputed costs, solicitor argued they were reasonable I contested that they could have been avoided and discrepency in figures. The judge knocked £500 off, I would have preferred more but was happy with a reduction. The solicitor had re-drafted the order to say any proceedings civil or insolvancy are stayed while payments made, which the judge did comment that was good and made sense. After the hearing the solicitor then spoke to us for another 20 minutes or so regarding my wifes possible constructive dismissal claim. He wasn't pitching for the business and seemed genuine throughout. I think we really dropped lucky with the opposing solicitor trying to help. End result order suspended, payment plan I wanted agreed and we keep the house. Again I can't thank you all enough for all your advice, support and giving me the confidence to noy just cave in. THANK YOU

Will do and thanks for all the help and support it has been amazing !!!!!Any last minute tips or advice.

I'd mis-read the statement of costs. It does contain the draft order and costs they are seeking are £1500 which is still different to the letter they have sent so will raise this tomorrow. Costs.pdf

The ccj was issued in 2009, but to be honest we just don't have the cash to apply for a set aside. We have enough to pay bills and put food on table but even thats stretching it. My wife has applied for extra benefits but as her employment only ended last week we don't know what we will be entitled to yet. Can anybody give me some legal arguments that wr could use. I've seen the various posts and understand some of it but would really appreciate some more advice in simple terms I could use.