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Hello everyone,
I have a debt for £2150.90 for an overdraft with Halifax from about 10 years ago. I’ve paid off about £900 over the years but now I have a CCJ on my report that I want to remove. I’ll summarise below.
26.11.21 a claim form was sent to my old address
12.01.22 a hearing was heard against me which I couldn’t attend as I didn’t know and so there is now A CCJ on record
28.02.21 I discovered CCJ for remaining £2150.90 plus £216 fees via a credit report.
02.03.22 I asked the claimants solicitor to consent to setting aside to no avail.
25.03.22 I made an application to Northampton business centre to set aside and paid £265.
01.04.22 received a letter to say that my case has been transferred to my local county court for them to deal with my application.
21.04.22 I received an email from the claimants solicitor to say that they will consent to set aside based on the condition that I sign a Tomlin order within 1 week and that the claimant agrees to it. (See attached photo)
I’m over the moon that they are willing to set aside but I don’t want to sign up for a Tomlin Order because my salary is so low (£12k part time) that I will end up being legally obliged to pay a small sum every month for years and years, and if I miss a payment because I change my bank or move abroad or whatever, it will become a CCJ again. A family member has VERY kindly offered to lend me the money so I want to pay it off in full and have the fees removed. However I just want to make sure that the claimant commits to setting aside the CCJ because I don’t want to pay all this money and still have it on my file for 6 years. So I have a few questions and I really appreciate anyones advice on how best to proceed:
1. At this stage, 1 month after submitting my n244 is it actually possible for the claimant to tell the court that they now consent?
2. How can I ensure that they do tell the court, and that the court adheres to this, and can I ask the claimant to do that before I pay?
3. As I am paying in full I would like to ask that they deduct the £265 N244 fee and the £217 court fees and that I pay the remaining £1885 it by 27.05.2022 - is that feasible?
4. Is there any danger that I reply, offer to pay under my conditions, and they change their mind and decide not to consent and use the email against me at a court hearing as evidence of admitting the debt and then it affecting my n244 application.
5. What so I need to do to next to have it actually removed from my file?
I have a debt for £2150.90 for an overdraft with Halifax from about 10 years ago. I’ve paid off about £900 over the years but now I have a CCJ on my report that I want to remove. I’ll summarise below.
26.11.21 a claim form was sent to my old address
12.01.22 a hearing was heard against me which I couldn’t attend as I didn’t know and so there is now A CCJ on record
28.02.21 I discovered CCJ for remaining £2150.90 plus £216 fees via a credit report.
02.03.22 I asked the claimants solicitor to consent to setting aside to no avail.
25.03.22 I made an application to Northampton business centre to set aside and paid £265.
01.04.22 received a letter to say that my case has been transferred to my local county court for them to deal with my application.
21.04.22 I received an email from the claimants solicitor to say that they will consent to set aside based on the condition that I sign a Tomlin order within 1 week and that the claimant agrees to it. (See attached photo)
I’m over the moon that they are willing to set aside but I don’t want to sign up for a Tomlin Order because my salary is so low (£12k part time) that I will end up being legally obliged to pay a small sum every month for years and years, and if I miss a payment because I change my bank or move abroad or whatever, it will become a CCJ again. A family member has VERY kindly offered to lend me the money so I want to pay it off in full and have the fees removed. However I just want to make sure that the claimant commits to setting aside the CCJ because I don’t want to pay all this money and still have it on my file for 6 years. So I have a few questions and I really appreciate anyones advice on how best to proceed:
1. At this stage, 1 month after submitting my n244 is it actually possible for the claimant to tell the court that they now consent?
2. How can I ensure that they do tell the court, and that the court adheres to this, and can I ask the claimant to do that before I pay?
3. As I am paying in full I would like to ask that they deduct the £265 N244 fee and the £217 court fees and that I pay the remaining £1885 it by 27.05.2022 - is that feasible?
4. Is there any danger that I reply, offer to pay under my conditions, and they change their mind and decide not to consent and use the email against me at a court hearing as evidence of admitting the debt and then it affecting my n244 application.
5. What so I need to do to next to have it actually removed from my file?
