Is my Tomlin Order misleading?

[Amethyst]

You could have filed objections via a Witness Statement to bring your defence back into play in the court proceedings and defended the case - I don't know what your defence was, or if you agreed the Tomlin after you'd entered a defence ? so no way of knowing if you could have proceeded to defend the claim. Have you received the copy of the judgment from the court now? It's for £6 a month ( reviewable annually / six monthly ? ) and permission to apply for a charging order ? or have you just seen Restons tend to look at a CO after judgment?

If they do get the charging order, and you go on to cease making the judgment payments, then you are at risk ( a very small risk - only 4% of charging orders ) of a potential application for a sale order. Defending that would be based on your personal circumstances, family home, equity and so on.

If it helps, I had a charging order from Restons in 2006 and I just paid monthly installments until I sold my house around 4 years later due to moving, and paid off the balance from the equity - it never caused me any problems at all ( only the CCJ on my credit file really - and without making a full and final settlement with 28 days from judgment you are going to be stuck with that for 6 years ( and annoyingly for you, you've kept away from the CCJ for the last 5 years by paying under the Tomlin order, and had you let it go to court and had judgment against you, the CCJ would fall off your file next year ) - so yes I completely agree that people need to consider a Tomlin order carefully. If a CCJ would have caused major issues, like a loss of employment ( for example people who work in financial services ) then it is worthwhile taking the risk that you could just be delaying a CCJ. Or if the debt isn't so large and would be settled within a couple of years.

Now, I'm wondering a bit why you used Business Debt-Line - was this a business credit card / loan with MBNA - as a sole trader business ?

[Klefty]

I did note the comments earlier about a possible appeal against the CCJ, so I am considering this.

Im gonna get the judgement first, so I have all the info.

[Diana M]

Yes I did have notice, and yes I did speak to the original solicitor, but he said that there was a 99% chance that I would lose as there was a breach on the Tomlin order.

. . . . . Overall the experience has been awful, the assistance I got from Business Debt-line was limited, and I feel that if there was a better a knowledge there, I might have been able to manage the situation.

FOR ANYONE READING THIS POST, BE WARNED TOMLIN ORDERS CAN LEAD TO DIFFICULT OUTCOMES, so do anything you can to avoid breaching them. My downfall was bad advice, and lack of knowledge by those advising me.

I've explained (post # 9) that if you feel you had bad advice from your own solicitor then you can complain to the Legal Ombudsman.

You say you were given notice of the Application for the CCJ and you sought legal advice from the original solicitor who told you there was a 99% chance you would lose due to your breach of the Tomlin Order. I assume this was why you didn't contest the Application when you may have had the opportunity.

You need to establish whether you have grounds for an Appeal and whether you are out of time so need permission from the court first.

Or do you mean you are considering an Application to set aside the CCJ?

If Business Debt-line gave you bad debt advice then you can follow their complaints procedure since they are regulated by the FCA (i.e. you can take your complaint to the FOS). This is their complaints procedure > https://www.businessdebtline.org/EW/...s-process.aspx

Di