Tomlin Order/CCJ

[Helpme87#]

I have an old student account with Abbey National with an overdraft limit of £1500 which was opened in 2005.

Back in 2007 Abbey now Santander messed my account up and basically over a period of 4 months I was allowed to spend up to £5000 on my overdraft. This came to a head beg of 2008 as they said there was a technical error. I was charged thousands in unauthorised overdraft fees and the total came to under £8,000.

I started to pay this off last payment made in 2012 and brought the balance down to £4,700

I haven't heard anything re this account since 2012 and now all of a sudden I have received a CCJ.

The debt company were sending correspondence to the wrong address and did not have a correct contact no.

They have offered me a Tomlin order due to the industry I work in. However I am unsure if I should accept.

My questions are

1. Will a Tomlin order appear on my credit file and affect me getting a mortgage?
2. How long does a CCJ normally take to process through court 2 months 3 months? As I could save up the money dispute it and if a CCJ is awarded pay it off

Any help would be appreciated

[Kati]

Re: Tomlin Order/CCJ

tagging [MENTION=48934]Debt Camel[/MENTION] xx

[charitynjw]

Re: Tomlin Order/CCJ

Hi Helpme87# & welcome to LB.

IMHO

If you are confident that you can save up & pay should the case go pearshaped for you, I can't see any advantage to you in accepting a Tomlin. (You could simply pay the judgment sum promptly & avoid a CCJ registration).

But that's just my take on it.

[Debt Camel]

Re: Tomlin Order/CCJ

1. Will a Tomlin order appear on my credit file and affect me getting a mortgage?

No A Tomlin order won't appear on your credit record.

BUT

a) there is presumably a default on your credit file at the moment? Or has it dropped off? An unpaid default will make it very hard to get a mortgage. Even if it has dropped off, this is still a valid debt and needs to be declared to a future lender. The lender will see from your bank statements that you would be making payments to the debt. If you want a mortgage you need to settle this debt. See http://debtcamel.co.uk/dmp-mortgage/

b) have you considered if you can challenge these overdraft charges if they were unreasonable? If you accept a Tomlin Order you won't be able to take the case to the Financial Ombudsman. Your options if you want to challenge them are EITHER to pay it in full now, no CCJ, no Tomlin order and put in a complaint - there is a good guide here http://www.moneysavingexpert.com/reclaim/bank-charges OR to defend the court case, perhaps [MENTION=6]Amethyst[/MENTION] could say something about this, it may not be straightforward.