Received Judgement on Saturday, Despite requesting BWLEGAL for Tomlin order!

[John.123]

Hi All,

Would appreciate some advice if possible please,

I posted a while back concerning overdraft and claim form I received, as suggested I did a CPR request which BWLEGAL which they ignored, then nearer to the time I could not get them to give me an extension via email or letter, then further advice suggested the CPR wasn't going to get me anywhere so I decided to change my claim from defence in full to accepting claim, when trying to use money line my login would not work so I spoke with the court who said email/fax form to bwlegal as they only send to them anyway.

So I called BWLEGAL 17th Feb explained situation they agreed that I could send my claim form to them, then I asked if I could do a Tomlin order with them as the court order would affect my employment, so the woman at bwlegal wanted to create a budget sheet with me, I said I have made one already from nation debt line site, so I can attach to the email with the claim form and send it via email to them, at this point the person was in agreement with this.

Long time went by then I got letter 9th April saying can i call them regarding Tomlin order so I called then they said I understand you want to setup Tomlin order, so I said yes already spoke with your colleague requesting this in Feb, she said ok can i go through your budget so we can make a budget sheet, again I said I already sent it so she asked if I could sent it again to their collection dept email address this time.

So I still not hear anything from them concerning Tomlin order, but just received the Judgement form from NCC on Saturday 10th May, assume now I have a CCJ on file! which will can affect my employment!

Please help not sure what to do next!

Many Thanks
J.

[Amethyst]

Re: Received Judgement on Saturday, Despite requesting BWLEGAL for Tomlin order!

Okay - is this following on from this thread - http://www.legalbeagles.info/forums/...959#post409959 ?

[John.123]

Re: Received Judgement on Saturday, Despite requesting BWLEGAL for Tomlin order!

Hi there,

Yes its the same issue.

Many Thanks.

[Amethyst]

Re: Received Judgement on Saturday, Despite requesting BWLEGAL for Tomlin order!

Ta. The CPR may not have got you any information but it might have got the case struck out because they couldn't evidence their entitlement to claim the debt from you, but by the by now anyway.

What is the order on the Judgment form ? Is it on the same terms as you had offered via your IE sheets and admission forms to BWLegal or is it a default judgment payable forthwith ?

[John.123]

Re: Received Judgement on Saturday, Despite requesting BWLEGAL for Tomlin order!

Hi,

Its a default judgment and has forthwith next to the total amount payable.

Thanks.

[Amethyst]

Re: Received Judgement on Saturday, Despite requesting BWLEGAL for Tomlin order!

BW Legal have been naughty in that case.

So on 17th February you send your admission form with IE sheet and offer to pay.

Ignoring the tomlin discussion for the moment, BW legal should have dealt with that and registered it at the court and NOT asked for a default judgment. They would still have a judgment but it would be on the terms agreed between you ref the offer not as a forthwith. This is why all documents should go to the court, and cc'd to the claimants if necessary.

So couple options you have now;

1) Apply to setaside the entire judgment and pick up where you left off with the CPR and evidencing the debt and defending if necessary. This will remove the CCJ from your file if successful and you'll have another opportunity to agree a tomlin order if you wish. This option would cost you £155 for the set aside application and likely a hearing to decide.

2) Apply to vary the judgment - this would basically be sending the court your IE sheet and asking to pay via installments - it will leave the CCJ on your file.

3) Pay the judgment within 28 days and the CCJ will never be entered on your file.


... or ring up BWLegal and ask them what they think are playing at.

[John.123]

Re: Received Judgement on Saturday, Despite requesting BWLEGAL for Tomlin order!

Hi,

Thanks for your response, option 3 isn't possible for me, but option 2 would be ok if I stay in my current job, otherwise I wouldn't get another job if credit checked.


If I decided on option 1 how would I go about doing the set aside ?

Many thanks
J.

[FlamingParrot]

Re: Received Judgement on Saturday, Despite requesting BWLEGAL for Tomlin order!

Thanks for your response, option 3 isn't possible for me, but option 2 would be ok if I stay in my current job, otherwise I wouldn't get another job if credit checked.

Depends on the type of work you apply for, not all employers do credit checks. The judgment stays on record for 6 years, you may or may not need another job during that time.

If I decided on option 1 how would I go about doing the set aside ?

First of all, you'd need a valid reason to apply for set aside along with a viable defence.

You need to submit an N244 application form and pay a fee of £155, you may be able to apply for remission of the court fee if you are on a low income or in receipt of certain benefits, this may not apply to you if you are working and earning a decent amount. Form ex160a provides full details.

See this for more information: https://www.nationaldebtline.org/EW/...t/Default.aspx