Threat of CCJ on claim already issued Cabot

[Pwt50]

Hi, so to bring things up to date my partner and I were dealing with a claim from Cabot/Restons for a personal loan, we were initially defending the claim however my partner then felt she did not want to go through attending court so we entered into a Tomlin order with Cabot, which was issued by the court and has been kept up to date, and not defaulted. Today I received a copy of the original agreement from Cabot stating they now believe the matter to be enforceable and unless I agree a repayment plan they will issue court proceedings my question is and I think I know the answer, but better safe than sorry, can they issue a second claim to obtain a ccj despite the Tomlin order being in place, and am I under any obligation to advise them of said order, or can I simply let them attempt to issue proceedings against me, and let it fail? I believe there is a maxim in law"let he who would be fooled, be fooled"
Thanks

[MIKE770]

Amethyst

[jaguarsuk]

Hi, so to bring things up to date my partner and I were dealing with a claim from Cabot/Restons for a personal loan, we were initially defending the claim however my partner then felt she did not want to go through attending court so we entered into a Tomlin order with Cabot, which was issued by the court and has been kept up to date, and not defaulted. Today I received a copy of the original agreement from Cabot stating they now believe the matter to be enforceable and unless I agree a repayment plan they will issue court proceedings my question is and I think I know the answer, but better safe than sorry, can they issue a second claim to obtain a ccj despite the Tomlin order being in place, and am I under any obligation to advise them of said order, or can I simply let them attempt to issue proceedings against me, and let it fail? I believe there is a maxim in law"let he who would be fooled, be fooled"
Thanks

No, they can only issue a claim for the debt and the Tomlin Order stays that claim. I assume the TO has Leave to Apply and therefore if you breached the order they could then try to obtain a CCJ.

It seems the right hand doesn't appear to know what the left hand is doing, so just write back enclosing a copy of the Tomlin Order politely asking them to bugger off.