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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I received a ccj last year and it was agreed that i pay £30

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I received a ccj last year and it was agreed that i pay £30 a month which i did. In December the company's solicitor advised me to stop msking payments and referred me back to the debt collection agency. I was advised not to make any further payments and they also refunded the payment i made in December. I have received a tomlin order. It states that either party will make no claims as to costs and also states in the schedule that the judgement was obtained in error and that the original vendor requested the claimant to set aside the judgement. It also includes a confidentiality clause in the schedule. I am happy that this has happened because in the solicitor's letter it also states that the ccj will be removed from my credit file. I am quite suspicious of what has happened. When i questioned the debt collection agency in december as to why i didnt have to pay the rest of the debt (1200) i was advised that it was a 'business decision'. As far as im concerned the debt had not yet been statute barred but would have been 3 days after the judgement was entered last year. I also did request some paperwork from the debt collector last year which i never received. Is it possible that i was sent the tomlin order because something was not right when they applied for the ccj amd they are trying to stop me from compensation. I dont want to question the company too much in case they wont put the tomlin order through. I have spoken to various debt advisors and none of them hsve ever heard of a company writing the debt off after a ccj and then sending a tomlin order. Any advice would be appreciated.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.What is it you would like to know about this please?
Customer: replied 1 year ago.
Why would they initiate a tomlin order? Do you think there is a possibility that as stated in the tomlin order the judgement was obtained in error and they don't want me to claim any compensation for wrongfully ontaining it?
Expert:  Ash replied 1 year ago.
What is the wording of the order? Just set aside and each party will keep quiet?
Customer: replied 1 year ago.
Yes and that there be no order as to costs including that any outstanding orders as to costs in favour of either party to be set aside. In the schedule it also states the following' in consideration of the claimant hsving issued proceedings and ontained judgement in error and the original vendor (???) requesting the claimaint to set aside the judment....
Expert:  Ash replied 1 year ago.
Ok - how much have you paid in total?
Customer: replied 1 year ago.
Original vendor as in the bank i originally owed the money to?
Expert:  Ash replied 1 year ago.
The CCJ
Customer: replied 1 year ago.
The debt was £1500 after court costs etc. I only paid £300 before i was asked to stop making payments. This is what i dont understand. It seems too generous and the fact that the ccj is to be removed from my credit file according to the letter thst came with the tomlin order...
Expert:  Ash replied 1 year ago.
Ok - well if you sign this then the CCJ is removed. But you lose the £300 paid.If they admit the CCJ was in error technically you could claim back the £300. But you may think its just worth having the the debt written off and your CCJ is made good and wont show.So its up to you. if you want to lose the £300 and not have a CCJ then you can sign it.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
How likely is it that the judge will approve the tomlin order?
Expert:  Ash replied 1 year ago.
The Judge will approve it as its an agreement between the parties.But you get the CCJ removed.Does that clarify?Alex
Customer: replied 1 year ago.
Yes thank you.
Expert:  Ash replied 1 year ago.
Great. If I could ask you to rate my answer before you go today please, otherwise the site doesnt credit me for the time spent with you today. Good luck! Alex
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