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CCJ set aside - PRA insist on Tomlin Order but already on payment plan?

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  • CCJ set aside - PRA insist on Tomlin Order but already on payment plan?

    Hi all,

    I’m in a really tough situation and could use some advice.

    Last year was terrible for me, with redundancies, poor mental health, and living in an awful situation. Over the summer, I managed to get an internship at a different location. During this time, PRA filed a CCJ claim against me at an address I wasn’t living at. I made a token payment and set up a payment plan online £5 monthly, but I didn’t know about the claim until it was too late to respond. The debt is for just under £4k and I cannot afford to pay it off now or anytime soon.

    PRA has been unhelpful when I explained my situation, including my mental health struggles (I’ve provided evidence of my depression). They refused to apply for an N244 by consent only signing the consent order last minute, CCJ was then set aside but defence must be filed within 3 weeks. They are now insisting I sign a Tomlin order or file a defence 'as per my N244 request' I added about filing a defence because I understood that a set aside takes you back to the defence stage anyway? I did not plan to defend the claim but simply stated in my application I wanted time to resolve the matter with PRA. I’ve been making regular payments for 6 months, but they won’t explain why they’re pushing for the Tomlin order.

    My circumstances are dire:
    • I’m recently unemployed and on Universal Credit and worried any issues with this impact the Tomlin Order
    • I had to relocate due to a housemate’s substance abuse and now live in a cramped temporary space.
    • The CCJ is impacting my ability to work, as I need a clean credit file to hire equipment or vehicles for my job.

    I’m considering complaining to the Financial Ombudsman Service (FOS) but feel stuck because I must either sign the Tomlin order or file a defence in two weeks. I understand I cannot change the Tomlin even if the FOS agree with me.

    Does anyone have advice on what I can do next? I’ve asked PRA to escalate my case to a senior decision-maker and drop the claim entirely, but they’ve said it’s a “business decision" and basically won't take what I've said seriously. I know its well within their ability they are just refusing and being incredibly vague.

    Thank you so much!

    x
    Tags: None

  • #2
    Can you provide more details about the debt?

    Who was the account opened with?

    When the account was opened?

    Did you contact the Creditor when you were struggling?

    Comment


    • #3
      Originally posted by echat11 View Post
      Can you provide more details about the debt?

      Who was the account opened with?

      When the account was opened?

      Did you contact the Creditor when you were struggling?
      Hi ECHAT11,

      Debt is a credit card, it was opened with Halifax on 13/06/2018, defaulted during the pandemic, I was in touch with them about token payments and reducing the payments. I think I allowed to default due to no income and stressful time. Was passed to a debt collection, PRA got it in December 2023. I'd made a token payment Jan 2024 to acknowledge, but had a stressful year and honestly just forgot about it due to the issues mentioned above

      I did ask PRA a few months earlier if they could send me any codes of practise on dealing with vulnerable customers to which they replied they have requested them from the creditor.However, heard nothing back. Is this worth chasing? I've already mentioned the FCA to them, though its achieved nothing and I don't have 90 days for an investigation. Just two weeks.

      Comment


      • #4
        What does the Tomlin Order say?

        Comment


        • #5
          Originally posted by echat11 View Post
          What does the Tomlin Order say?
          I haven't agreed to it yet, I have asked PRA multiple times why they won't allow me to continue with the payment plan I set up with before I was made aware of the claim. I can't imagine they will accept £5 a month on a Tomlin order, currently I'm on universal credit - any issues with this could significantly have an impact on my housing and my career if I were to somehow miss a payment. I don't trust I can take their word for that they won't hand me a CCJ as long as I get in touch with them if I miss a payment.

          Comment

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