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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a default judgement against me for £33,000. I was never

Customer Question

I have a default judgement against me for £33,000. I was never served with notice of the hearing as the papers were sent to an address I had not lived in for 5 years and the plaintiff was aware of my correct address. The 2nd defendant filed a counterclaim.
When I became aware of the default judgement the 2nd defendant and I have negotiated with the other side and their solicitor is about to file a Tomlin Order having agreed to pay us £10,000. Yes they are paying us - the £33,000 will not be enforced.
Do I have to do anything re vacating the default judgement or does that happen automatically when the Tomlin Order is filed? Will the court instruct the default judgement to be removed from my credit records or do I need to do something?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Did you ever apply to set aside the judgment in default?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.
No. I was unaware of its existence until a couple of weeks ago. The judgement was September last year
Expert:  Ash replied 2 years ago.
Ok. So how is there a Tomlin order if judgment has not been set aside?
Customer: replied 2 years ago.
This is what was received today
Further to our discussions via Dave yesterday, I wish to reiterate my client’s final offer, in full and final settlement of both the claim and your counterclaim, to pay to you the sum of £10,000 inclusive of interest and on the basis that each party bears their own costs.I understand that this offer is acceptable to you however I should be grateful if you could please confirm this by return email. I will then provide you with a standard form settlement agreement together with Tomlin Order, which is required to be filed with the Court to bring the matter to an end.
Expert:  Ash replied 2 years ago.
Ok. You need to get Judgment set aside and then the Tomlin Order in place. But it MUST say that. If it does then the CCJ is wiped.
Does that help?
Alex
Customer: replied 2 years ago.
what is the simplest way to get it set aside?application to be struck out re non service or on basis of the offer to now pay us as opposed to the judgement to them
Expert:  Ash replied 2 years ago.
It needs to be recorded in the Tomlin order, thats all.
Its not struck out, but set aside.
Alex
Customer: replied 2 years ago.
Here is a copy of the email received by the other defendant "Thank you for your email. I am pleased to see your confirmation that the offer terms are acceptable, however the additional points you refer to in your previous solicitor’s letter were not part of our client’s offer to you. Not least, Mr Sullman is not party to this agreement."I will forward the Settlement Agreement and Tomlin Order to you shortly for approval.
Expert:  Ash replied 2 years ago.
It needs to be set aside to cancel your ccj.
Alex
Customer: replied 2 years ago.
how do I get it set aside
Expert:  Ash replied 2 years ago.
Apply using form n244
Alex