Jump to content

 

BankFodder BankFodder


Danielle17626

Cabot CCJ Overdraft -set aside or Tomlin Order ?

style="text-align:center;"> Please note that this topic has not had any new posts for the last 649 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi guys,

Mid February I was issued with a CCJ after moving house and not receiving the court documents.

 

I have spoken to Citizen's advice who have discussed with me the possibility of a set aside and have sent me the court forms to fill in.

I know that I need to act promptly and get this sent off but was waiting to speak to the claimant.

 

I spoke with the claimant's Solicitors and we came to an arrangement for me to pay all money owed and for them to consent to set aside.

They were very nice about this after speaking to them and hearing the issues I'd been dealing with and why the debt wasn't originally paid.

 

I have just received a document through the post from them but it is in fact a TOMLIN ORDER, although it does state it it that they wish for the CCJ to be set aside due to sending the forms to the wrong address.

 

I am to sign to agree to the full payment and send back to the claimant.

I have been looking up what a TO is, but all information seems to state that it is something used BEFORE a CCJ is issued so I'm just a little confused.

 

If I send the signed TO back will the claimant and court then deal with it and I wait to hear from them?

I think that's what it says on the document.

 

Do I still need to send my own N forms to set aside to the courts as advised by citizens advice or does that not need to be done now the claimant is sending the TO themselves to the court?

 

Also, I saw the below comment on another thread on this forum in which someone was able to get a set aside but only after initially being rejected.

Is the following true and more likely to be set aside?

 

"In hindsight and a better chance of having the consent order approved would have been to engage a solicitor to send it for you.

The court can deal with consent orders as an administration process without involving a judge but that's only if both parties have legal rep."

 

Very confused. Any help appreciated. Thank you

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

if they have admitted they sent the original claimform etc to the WRONG address then get it set aside by using an N244 application!!

don't agree to the TO as they are getting away with murder here!!

they are conning you to enter into a CCJ if you fail the TO for any reason BECAUSE of THEIR mistake!!

 

They should be agreeing to set aside the CCJ FOC to you, which in effect resets things to the original claim date/details.

 

they are most probably being 'very nice about this' because they know they've screwed up!!

stop talking on the phone for sure...

 

get on to and ring northants bulk

ask for a copy of the CCJ and the CLAIMFORM by email PDF

 

when you have this info post the particulars of claim back here.

 

don't get sc@mmed!!


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Thank you so much for your reply.

 

I completely agree with everything you say,

however I do apologise and must add that I hadn't updated them with my new address, which I moved into early December 2017,

(CCJ issued in February) so technically it's my fault and not theirs, right?

 

I only found out when I checked my credit file and saw the CCJ had been issued.

It is unfortunate the court papers and house move coincided with each other, but still I should have updated them beforehand I guess.

 

This may change your opinion and I'm sorry for not making that clearer.

This, and the fact that I am able to, is why I have offered full payment and they have agreed to set aside.

 

More details below:

 

 

It states on the TO:

UPON - service of the claim form being served at a previous address for the Defendant therefore leaving the Defendant unable to respond

 

AND upon parties having agreed terms of a settlement

 

BY CONSENT

 

1. Judgement be and is hereby set aside and the registration entry cancelled

 

2. Upon judgement being set aside in accordance with paragraph 1 above, all further proceedings in this action be stayed upon the terms of settlement agreed between the parties as set out in the schedule herein except for the purpose of carrying the said terms into effect and that there be liberty to apply for the said purpose

 

3. In the event that the Defendant defaults in compliance with the terms set out in the schedule the Claimant may apply for further orders and directions

 

4. There be no order for costs

 

What are your thoughts?

 

Thank you

Share this post


Link to post
Share on other sites

I'm not sure that I agree with DX100uk here.

 

If you agree that you owe the money then a CCJ is inevitable if you don't pay.

 

This Tomlin order allows you to pay them their money and for the judgment to be cancelled and for any trace of it to be erased from the register and from your credit file, if it is already on there. It is all done at their expense. They will lose their claim fee and also they pay for the setaside and for the Tomlin order.

 

It seems to me that it gives you everything you want at no cost.

 

Of course if you don't pay then they are at liberty to go back to the court - but then you would be at liberty to defend the claim if you wanted.

 

If you agree the debt then sign. If you don't then I expect that it is you who will have to apply for the setaside at your own expense etc.


Share this post


Link to post
Share on other sites

Thank you. That sounds promising. Yes, I admit to the debt, it was an overdraft charge that I defaulted on during a time of struggling with some mental health issues. It was sold to another company last year and it's a shame that now I am able to deal with it and repay that I have just been issued with a CCJ, but I have to take responsibility for that. If I hadn't have moved house in December I would have recieved the court forms and could have sorted it all out then. I would like to pay them the full amount and draw a line under it. It would be a weight off my mind.

 

I am signing the Tomlin Order and sending it back. Do you know if I still need to send the N244 form to the court myself or does that not have to be done now?

 

Thank you

Share this post


Link to post
Share on other sites

my advice was based upon the fact it appeared cabot admitted they had sent the paperwork to the wrong address,

as it transpires that is not their fault but it was the OP's

 

so as above go with the TO


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

No. You don't need to send anything else. Make sure you keep a copy of any documents that you have signed. You need to make sure that you have got evidence of everything. Once you have taken a copy, send it off immediately. Make sure you stick by the terms of the agreement.

 

On a slightly separate note though. You say that this was an overdraft which you become unable to pay.

 

Please could you tell us more about this overdraft. How much was it? What date was it - meaning for how long to run and from what date to what date? Have you got the bank statements which relate to it? Are you able to see what late payment et cetera charges were levied by the bank?

 

Make sure you send off the signed order immediately – but please respond to the questions I have posted above. It might reveal some interesting points which could help you later.


Share this post


Link to post
Share on other sites

well if there is evidence of charges etc, as dialog seems to be running with cabot

I don't think? it would hurt to mention this to them, even better if you have a rough figure?

they might even knock these off the total, I think we've seen this before too?


please don't hit Quote...just type we know what we said earlier..

 

Share this post


Link to post
Share on other sites

Thread title updated.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...