Azzurro missed court deadline - is this finally over?

[callum8004]

• Original Debt: Personally guaranteed business loan (Capital on Tap). Business now dissolved.
• Claimant: Azzurro Associates Ltd (via Solaris Law Ltd)
• Amount Claimed: £12,315.55 + £615.78 court fee + £100 solicitor costs = £13,031.33

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Key Events

• 21 Nov 2024 – Claim issued via MCOL
• 10 Dec 2024 – Acknowledgement of Service submitted
• 23 Dec 2024 – Defence submitted
• 24 Dec 2024 – Defence received by court
• 03 Feb 2025 – Claim stayed for settlement (standard DQ process)
• 10 Mar 2025 – DQ filed by Defendant
• 11 Mar 2025 – DQ filed by Claimant
• 11 Mar 2025 – Order for stay of settlement issued
• 21 May 2025 – Claim transferred to Preston County Court
• 01 Aug 2025 – Judge issues order:
  *Claimant must file a revised Tomlin Order by 4pm on 20 Aug 2025 or the claim will be *struck out without further order.
• 20 Aug 2025 – Deadline to file revised Tomlin Order passes
• As of 6 Sep 2025 – No confirmation of Tomlin Order being filed. No contact from Azzurro/Solaris. No update on MCOL.

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Settlement Attempts

• Multiple offers made by me ranging from £5,000–£7,000 lump sum or monthly instalments.
• All rejected. Claimant insisted on 90% settlement figure.
• Eventually offered £240/month via standing order.
• Draft Tomlin Order was sent by them but revised following court feedback.
• Revised Tomlin Order was never filed on time by the Claimant.

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❓Current Questions:

• Can I safely stop paying Azzurro now that the claim appears struck out?
• If no Tomlin Order was filed, is there any enforceable agreement?
• Can they re-issue a claim or seek costs now the case is struck out?

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[atticus]

There is a strong possibility that this claimant will be able to get the claim reinstated.

[callum8004]

There is a strong possibility that this claimant will be able to get the claim reinstated.

Just to clarify, two Tomlin Orders were actually submitted by the claimant during the stay for settlement, but on both occasions the district judge raised issues and rejected them. The court then issued a final “unless” order on 1 August 2025, stating that unless a compliant Tomlin Order was filed by 4pm on 20 August, the claim would be struck out without further order. That deadline passed with no corrected order filed and no further correspondence from the claimant. I’ve co-operated throughout, returned signed versions promptly, and made multiple offers, but the claimant failed to comply with the court’s clear direction. Given the procedural history and non-compliance, I’m now wondering whether the claim is automatically struck out and if I can discontinue payments, since no binding agreement was ever finalised.

[atticus]

My view is unchanged. Wait and see, but it may be too early to start counting chickens.