Case Settled - Set Aside CCJ

[Kells Bells]

Hi
I took my builder to court in 2020, default CCJ, then we reached an agreement week before court via Tomlin Order. Builder paid me and I thought all was over.

I have now received this letter. Do I need to action or can I ignore?

Thanks for reading.

[EnglandPi]

It looks reasonable, it is the right thing to do and will cost you nothing.

[atticus]

What is the wording of the main part of the Tomlin order? (I do not need to see the Schedule).

[Kells Bells]

Hi Atticus
I have attached the order. Thank you for looking.

[R0b]

Something doesn't quite add up to me about your original post. I don't understand why a Tomlin Order was signed and agreed 1 week before a hearing when you had already obtained a default judgment which is more an administrative thing. Hearings are not necessary where a default judgment is concerned unless the sum of money is not a fixed amount or there are further discussions on the question of damages/compensation that need to be addressed.

That being said, assuming you did enter default judgment and agreed the Tomlin Order, there is absolutely no obligation for you to sign the consent order however reasonable it may seem. EnglandPi is right that a consent order might be reasonable but it doesn't mean it is the right thing to do especially 2 years after the default judgment occurred.

The letter from the law firm clearly makes out the fact that the defendant is trying to repair his credit and it is at the court's discretion as to whether the judgment should be set aside. The courts do take a dim view of someone trying to repair their credit file for a valid judgment and when they become aware, they tend to dismiss the application. The consent order is a sort of back door access to getting the CCJ removed so you can decide to agree to do the consent order or you can refuse and explain that the fact that the judgment is valid lawful and its the court's discretion to decide whether it should be removed, not yours.

[atticus]

Whoever drafted that order did not provide for setting aside the judgement you had obtained, even though it appears that the application was to set aside judgement.

As you have been paid in full, I agree with EnglandPi.

[Kells Bells]

The builder put me under so much stress I just wanted it all over. The CCJ was for 10k and I agreed to accept 3.4 although it has come to light that his work was worse than thought.

I know morally that I should sign. Will I get into trouble if I don't?

[atticus]

Even though fault here appears to lie with your defendant or his lawyers, it is possible that this defendant may* take further action which may* take up time and effort and possibly some cost.

* NB may, not will.

[Kells Bells]

Good morning

Thank you all for your help and replies. I think I will refuse. Does the fact that we agreed a settlement figure make the CCJ valid?

[R0b]

If you are going to refuse, then you probably need to explain yourself why you are refusing, or the defendant may use your response as being unreasonable and seek costs if they are successful, so it would be wise to send them a proper response not just one line.

Does the fact that we agreed a settlement figure make the CCJ valid?

I have no idea because what you have described in your first post doesn't make sense. If you applied to the court for default judgment and the court granted it, then the CCJ will be valid. If the defendant's legal representatives were negligent in ensuring the default judgment was set aside at the time as part of the Tomlin Order, that's an issue between the defendant and his legal team, not yours.

[atticus]

Does the fact that we agreed a settlement figure make the CCJ valid?

I think the point is that the judgement was entered and has not been set aside. As a judgement, it stands. You have, however agreed an amount to be paid in satisfaction of the judgement, and that sum has been paid.

[Kells Bells]

Thank you both.

My claim was against the builder personally (as advised by Which legal). His solicitor said they will have it struck out as it should be against his business.

Turns out they sent the defense to the wrong address and the builder only became aware when he received CCJ paperwork. The court case was to set aside the CCJ but we agreed settlement prior and that was the end of it. I hope that clears up any confusion.

[atticus]

No confusion to clear up ;-)

[Khaderbhai]

Just jumping on this thread with a related question. What are my options as a claimant if the defendant agreed to pay a settlement through an approved Tomlin order and failed to make that payment? I have not obtained judgement but could I go back to the start and apply again, or is there a ‘faster’ way? Thank you