Unexpected CCJ

[spongebob64]

In 2014 I entered into a Tomlin Order with Bryan Carter Solictors who were acting on behalf of Lowell for a debt relating to Lloyds bank for approimately £2000. The monthly amount was £50 which I paid on time for the first 22 months, the last payment was made in February 2016 using the payment system on Bryan Carters website. When I attempted to make a payment in March 2016, the account showed £0 left to pay with anote stating "account returned to client". The option to make any further payments had also been removed, so I was unable to make any further payments via their website. I contatced Bryan Carter to query this and I was told there was nothing left to pay (or words to that effect) and I also recived a letter stating that the account had been returned to the client which I now trying to locate.

Since then I have had no contact regarding this until this morning when I received a judgement against me stating that I had failed to comply with the Tomlin order and to pay the full amount in instalements of £100 per month.

Please could someone advise me what I should do, The simple fact is that apart from having no warning about the CCJ and no contact regarding the debt, I would have continued paying the agreed amount to avoid the CCJ.

Thanks

[MIKE770]

Set Aside Application


jaguar1954

[pt2537]

In 2014 I entered into a Tomlin Order with Bryan Carter Solictors who were acting on behalf of Lowell for a debt relating to Lloyds bank for approimately £2000. The monthly amount was £50 which I paid on time for the first 22 months, the last payment was made in February 2016 using the payment system on Bryan Carters website. When I attempted to make a payment in March 2016, the account showed £0 left to pay with anote stating "account returned to client". The option to make any further payments had also been removed, so I was unable to make any further payments via their website. I contatced Bryan Carter to query this and I was told there was nothing left to pay (or words to that effect) and I also recived a letter stating that the account had been returned to the client which I now trying to locate.

Since then I have had no contact regarding this until this morning when I received a judgement against me stating that I had failed to comply with the Tomlin order and to pay the full amount in instalements of £100 per month.

Please could someone advise me what I should do, The simple fact is that apart from having no warning about the CCJ and no contact regarding the debt, I would have continued paying the agreed amount to avoid the CCJ.

Thanks

Hi there

Ok well there are some options here, firstly you could apply to set aside Judgment, this will incur costs which could be avoided.

Lowells will have entered judgment by making an application to the Court, you seem to have a good ground to fight this, first the claimants solicitors told you the debt was paid, second, they closed their file and returned it to their client, so a better option would be to call lowells and point out that as far as you are aware, the debt was paid in accordance with the tomlin order, and therefore judgment should not have been entered. You can ask Lowells to consent to the judgment being set aside, they may well draft a consent order for you and i would expect them to pay the fee having entered judgment in these circumstances.

Anything discussed over the phone should be confirmed in writing just so you have a record of the call.

[spongebob64]

I tried speaking to Lowells today and explained to them that Bryan Carter Solicitors had returned the file to the client, but I didn't get very far. All they said was that Bryan Carter no longer existed and the information had not been passed on to them, so as far as they were concerned I was in breach of the Tomlin Order and would need to start making payments. I'm still trying to locate the letter from Bryan Carter, so I'm also quite concerned about how I provide any sort of proof to a judge.

[pt2537]

I tried speaking to Lowells today and explained to them that Bryan Carter Solicitors had returned the file to the client, but I didn't get very far. All they said was that Bryan Carter no longer existed and the information had not been passed on to them, so as far as they were concerned I was in breach of the Tomlin Order and would need to start making payments. I'm still trying to locate the letter from Bryan Carter, so I'm also quite concerned about how I provide any sort of proof to a judge.

you would need to apply to set aside the judgment, you would need a witness statement in which you would set out the background as to what happened and where you are now and you would exhibit all the letters etc to the statement.

[spongebob64]

Unfortunately, I am unable to find the letter from Bryan Carter which stated that the account was returned to the client. Is this still worth pursuing as I can only provide a witness statement and the original correspondance with Bryan Carter