Tomlin Order

patboyo

A Tomlin Order was agreed for £10,000 between Black Horseand myself. This was to be paid in stages and although I made several payments( £7200 ) because I was unable to stick to the repayment schedule theirSolicitors got a CCJ for £10,000 lodged against me.



They also sought a charging order on my home for £2,800being the o/s balance and £1,100 in costs. I asked the Court to set aside theCCj as I had paid thousands off when they got the order. The Judge set asidethe CCJ, set aside the charging order and gave no order for costs.



Within one week of this the solicitors acting for Blackhorse have written to me saying that I still owe £2,800 which because of thedelays in payments by me the entire amount is now due and unless I agree to payit they intend to re-apply to the Court for another CCJ for £2,800, plus costs.



I thought the Tomlin order was now dead and buried due tothe Judgement for the total sum of £10,000 being set aside. This is current soplease help.



Regards,





patboyo

fwor

This may be one of those situations where paying a solicitor for some advice could be money well spent.

It's not my area, but it seems that the Tomlin order is largely irrelevant. One of its characteristics is that if either party fails to meet the order's terms, the order dies but that does not get rid of the original dispute - the matter can simply go back to court.

They made a mess of their first attempt at a CCJ, but is there any reason why you think that if they apply a second time - getting the amount owed right this time - it would fail?

patboyo

Hi FWOR,

the solicitor acting for Black Horse asked the Judge to issue an amended CCJ at the hearing and the Judge said " I am not minded to do so"

How this effects the legal position I don't know???

Please help if you can.

Many thanks.

patboyo

geoffky

I hope you got a record of the last time in court to give the new judge...it would be handy..