Stopping a CCJ via Tomlin Order with Reston Solicitors?

in Debt-free wannabe
7 replies 1.5K views
Got county claim forms from them asking me to submit defence etc. I contacted Restons, they refused a Tomlin order and Capquest (who passed it on) said there's absolutely nothing I can do. Any ideas? Thanks!

Replies

  • StopItStopIt Forumite
    1.5K Posts
    If you don't have a defence? No, other than to acknowledge service and offer a payment plan.


    Going from your other thread also, no you cannot contest most fees as they're set by statute nowadays, including 8% interest etc.


    If the CCJ is going forward a Tomlin Order is of course only issued with consent of both parties so if Restons don't want to play ball, you're stuck.

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
  • RMS2RMS2 Forumite
    335 Posts
    If the debt is over £5k, there is probably a very good reason why they want a CCJ.
  • edited 29 June 2017 at 5:56PM
    fatbellyfatbelly Forumite
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    edited 29 June 2017 at 5:56PM
    RMS2 wrote: »
    If the debt is over £5k, there is probably a very good reason why they want a CCJ.

    Are you thinking about a statutory demand?

    I think the OP is saying the claim is for £770 on the other thread
  • RMS2RMS2 Forumite
    335 Posts
    fatbelly wrote: »
    Are you thinking about a statutory demand?

    I think the OP is saying the claim is for £770 on the other thread

    Yep, Restons have done that before. I didn't realise that the OP had two threads about it running, not seen the other one.
  • fatbellyfatbelly Forumite
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    They can issue a statutory demand without a ccj - it's just a different form.

    The OP's in rented accommodation with multiple debts - it might have been a good thing! Sadly, not going to happen.
  • RMS2RMS2 Forumite
    335 Posts
    fatbelly wrote: »
    They can issue a statutory demand without a ccj - it's just a different form.

    The OP's in rented accommodation with multiple debts - it might have been a good thing! Sadly, not going to happen.

    Would they be likely to succeed without going down the county court route first for a non business debt?
  • fatbellyfatbelly Forumite
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    RMS2 wrote: »
    Would they be likely to succeed without going down the county court route first for a non business debt?

    Depends whether the debtor is insolvent or not
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