Court Hearing

[Handifa]

Hi

I suffer with severe stress and anxiety. Initially looked to defend my claim and mediation as not all papers were provided. For the sake of my mental health and welfare, I do not want to continue to defend the claim, and instead look to settle. TM Legal are the creditors. A Tomlin Order was suggested, but they do not accept them. They say they are waiting for my defence. I asked someone call me back and nobody as. What shall I do. I want rid of it please. Will they accept a payment now or payment plan ? Can you help me

[Scot22]

As Mike advised on parallel thread. Before being able to give any comment need more detail. Fully understand your feelings but not the case.

[Handifa]

As Mike advised on parallel thread. Before being able to give any comment need more detail. Fully understand your feelings but not the case.

Hi Again

I have contacted them this morning as it was impacting my sleep and my anxiety playing up. They have said that they would agree to 4 months payment plan under a" Prevent Judgement Agreement". This is like a gentleman's agreement they tell me. If I agree, I would need to set up the arrangement, with them first - (over the phone) contact the courts to withdraw my defence, and advise the court that we have this agreement in place and to ask the courts to contact them for confirmation. No concessional discount on the amount offered on the arrangement and only 5% off if paid in full. There was some confusion if I would still get a CCJ at the beginning of the call, irrespective of paying in full or not, but then under this " Prevent Judgement Agreement" I assume it is preventing judgement if I stick to the plan. Could you help confirm this to be the case, and what if I entered this agreement I would ask them for in writing (email) I have asked they send me it via email (inc any terms and conditions) but he mentioned the T's and C' s are what he had provided me verbally over the phone. There litigation team are to send me the details through via email not sure when - could be later today. They said I could not agree to pay and have a defence in place at the same time - hence I need to withdraw my defence.

Couple of nagging points.

If I withdraw my defence, with the " Prevent Judgement Agreement" being set up an in place - unless I defaulted, would I get a CCJ ?

What should the email confirmation from them include so it protects this occurring

Some threads suggest they take double payment - how can this be prevented

Should I email them to chase today saying I am awaiting confirmation from them to follow up, - in case I need this in my defence as settlement/negotiation element is concerned

Any issues with TM Legal I should be aware of please ?

I hope this makes sense - no email as yet

Any advise would be most welcome

[des8]

"Prevent Judgement Agreement".......... never heard of it.
Ask them which of the Civil Procedure ]Rules cover it, and when they can't tell you stick with Mike and insist it is a Tomlin order they need.

Draft Tomlin order:
If you default on the agreement they can move immediately to judgement and thence enforcement
If you keep to agreement no CCJ

IN THE COUNTY COURT MONEY CLAIMS CENTRE
Claim number

Between
xxxxxxxxxxxx (Claimant)
and
yyyyyyyyyyyy (Defendant)

_________________________________
TOMLIN ORDER
--------------------------------------------------
UPON the Claimant and Defendant having agreed terms of settlement
BY CONSENT it is ordered that all further proceedings herein be stayed save for the purpose of enforcing the terms of settlement set out in the Schedule hereto, with liberty to apply, and that each party bears its own costs.
SCHEDULE
1. The Defendant do pay to the Claimant the sum of £xxxxxxx by way of x instalments of £xxx
2. The first instalment to be made on or before dd mm yy
3. Subsequent instalments to be made on the same date of each following month, save only when that day is not a working day payment is to be made on the next working day
4. Upon payment of the above sums the debtor be discharged from all further liability to the Claimant in respect of the cause of action herein.
Dated ………………………
We consent to an order in the above terms
Signed……………… Signed………………

[Handifa]

Thank you. I will try that.