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CCJ issued against me by BW Legal/ Lowell

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  • #46
    Re: CCJ issued against me by BW Legal/ Lowell

    so to get a tomlin order, i would first need to get the ccj set aside and try to do it then?

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    • #47
      Re: CCJ issued against me by BW Legal/ Lowell

      Yes xx
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

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      • #48
        Re: CCJ issued against me by BW Legal/ Lowell

        Originally posted by bri1967 View Post
        so to get a tomlin order, i would first need to get the ccj set aside and try to do it then?
        The Tomlin Order effectively stays proceedings as long as the terms of the order are kept to. They are often used to avoid a CCJ, in your case you already have a CCJ, so you would need to get it set aside first. Having said that, you'd only need a Tomlin Order if the claimant re-issued proceedings after getting the CCJ set aside AND you were not in a position to successfully defend the claim, since if fulfills the role of payments under a court order. The main criteria to get a CCJ set aside is a viable defence against the original claim if it was re-issued, otherwise it would be regarded by the court as a waste of time.

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