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Been offered a Tomlin order for CCJ, what does this mean?

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  • Been offered a Tomlin order for CCJ, what does this mean?

    I applied for a mortgage recently which was declined due to CCJ on file I was unaware of from 2018. It was initially from a parking fine issues by UK Car Park management Ltd.

    I wrote to their solicitors (Gladstone’s solicitors) with a draft consent order asking that if I pay the claim total, to have the CCJ set aside.

    They have no responded that the ‘contents of the draft order I provided was not agreeable and they believe further information is needed for the same to be sealed by the court. As such we propose drafting a Tomlin Order and sending the same for you to sign, if you agree to this please make payment of £100’

    What does a Tomlin Order mean in this situation? Will the CCJ be removed from credit file?
    Tags: None

  • #2
    bit of a mix this Tomlin order is capable before a CCJ is issued not after as the Tomlin order would stop CCJ,

    as you have a CCJ how much is this so called CCJ amount ? as a set aside would cost you £255 or so and have a good excuse for case to be set back to the beginning i.e. you know nothing about it or you never received and court papers etc etc

    the office idiots are trying to fool you here? ostell

    Comment


    • #3
      The CCJ amount is £271. I have stated I am happy to pay claim and subsequent fees to agree the set aside.

      How do Tomlin Orders work? Can they state in the TO that the CCJ be set aside? I’m so confused on what to do! And no one is responding to emails or answering phone!

      Comment


      • #4
        I never received the CCJ as it was for a property I left in 2016. Additionally it was sent to Flat 2, when I lived in Flat 1. This was my argument for the set aside. I believe they use DVLA data to trace your address so I am worried that my address is linked to the wrong address which would probably be seen as my fault? Hence I haven’t submitted my own defence to court in worry that it would be declined

        I have tried to contact DVLA but it’s actually impossible and it takes up to 8 weeks or something crazy to receive previous data from them!

        Comment


        • #5
          Did you use this address SubjectAccess.Requests@dvla.gov.uk

          Comment


          • #6
            Originally posted by MIKE770 View Post
            bit of a mix this Tomlin order is capable before a CCJ is issued not after as the Tomlin order would stop CCJ,

            as you have a CCJ how much is this so called CCJ amount ? as a set aside would cost you £255 or so and have a good excuse for case to be set back to the beginning i.e. you know nothing about it or you never received and court papers etc etc

            the office idiots are trying to fool you here? ostell
            A tomlin order combines both an order from the Court and a schedule that can house contractual terms.. it is possible for a tomlin order to set aside judgment then stay the claim, and for the schedule to set the terms of settlement out.

            That is an option at least.
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment

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