What to enter in my defence if payment plan already agreed?

[Zcbtf49]

Hello

I have a claim against me for £7,000. I submitted my acknowledgment of service and checked the box notifying the claimant I was going to defend the claim in full.

Since discussing this case with the claimant via email, we have both agreed an instalment plan to pay off this debt in full. Payments have already commenced. With this in mind, how do I now fill out the defence form for the court claim?

[MIKE770]

look did they do a TOMLIN ORDER? or have they stated discontinued case and notified the court?? need real information here please?? and what is it all about??

[Zcbtf49]

look did they do a TOMLIN ORDER? or have they stated discontinued case and notified the court?? need real information here please?? and what is it all about??

Thanks for the reply and apologies for the lack of information.

I was a self-employed sole trader up until January of this year, when I ceased trading due to financial difficulties. A claim was made against me by a debt recovery company acting on behalf of one of my suppliers for unpaid invoices totalling £7,000. At the time of the claim I didn't recognise these invoices, so I submitted "acknowledgement of service", with the intent to defend in full.

During this time I have been in contact with the debt recovery company, who have supplied me with proof of the unpaid invoices, and I agree that this money is owed. In discussion with the debt recovery company, we have mutually agreed on a payment plan, and payments have commenced.

My question is, how do I proceed with the court claim, now that payment has been agreed outside of the courts system, and I have already submitted an acknowledgement of service with intent to defend?

[MIKE770]

then they have to inform court to withdraw case, trouble is if not consent or Tomlin order they can still try the courts, the court system rules ! then we need to know about this plan? type?

[MIKE770]

Celestine

[Celestine]

A Tomlin Order is essential to normalise this payment arrangement otherwise you could end up with a CCJ and paying through installments; which is totally avoidable. It is vital you contact the claimant to ensure this Order is put in place.