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Tomlin order

Have a Tomlin order since Jan 18 that I haven’t paid anything towards.

Does this have the old 6 year carry on?
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Comments

  • CakeCrusader
    CakeCrusader Posts: 1,118
    Part of the Furniture Combo Breaker
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    A Tomlin order's an arrangement to pay, if you don't pay it the order will convert to a CCJ. These don't become statute barred, so the creditor can still enforce the CCJ, the 6 year limit doesn't apply here as they have already taken you to court. Have you checked your credit files to see a CCJ is showing on all three?
  • HonmaDP
    HonmaDP Posts: 69 Forumite
    Hi CC

    Nothing is showing on any credit files.

    Do you think they have forgotten about it? Thought they would write to me.
  • CakeCrusader
    CakeCrusader Posts: 1,118
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    HonmaDP wrote: »
    Hi CC

    Nothing is showing on any credit files.

    Do you think they have forgotten about it? Thought they would write to me.


    It's highly unlikely that they would have forgotten about it to be honest. Not all CCJ's show on a credit file, it may be best to give the court a call.
  • HonmaDP
    HonmaDP Posts: 69 Forumite
    Thank you CC

    I surprised that not all CCJ show on credit files.

    I thought they were a true reflection of where you are financially.
  • CakeCrusader
    CakeCrusader Posts: 1,118
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    HonmaDP wrote: »
    Thank you CC

    I surprised that not all CCJ show on credit files.

    I thought they were a true reflection of where you are financially.


    Kind of, but there's a fair few that don't show, like a CCJ for council tax. They are still enforceable though.
  • CIS
    CIS Posts: 12,260
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    Kind of, but there's a fair few that don't show, like a CCJ for council tax. They are still enforceable though.
    Council Tax isn't via a CCJ, it's a liability order via the Magistrate' Court so they don't appear on credit records. I do agree though that not all CCJs seem to show up.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • fatbelly
    fatbelly Posts: 24,122
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    If a ccj isn't showing it's possible that you haven't given the CRA the address where the judgement was obtained.

    Having said that, it does seem that sometimes a ccj just doesn't show up and there's no obvious reason for it.
  • sourcrates
    sourcrates Posts: 32,978
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    fatbelly wrote: »
    Having said that, it does seem that sometimes a ccj just doesn't show up and there's no obvious reason for it.


    If it was awared because of failure to pay rent, to a private landlord, it will only show on the register and/or credit files, if the landlord specifically requests this.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • HonmaDP
    HonmaDP Posts: 69 Forumite
    It’s from a debt company who purchased an old defaulted credit card debt.
  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
    What is the value of the debt you have agreed to pay through this Tomlin order?

    Seems an odd thing to do, to agree a course of action with a judge/court, then go back on the agreement.

    You can go back to court and ask for the payment plan to be reconsidered in the light of a change of circumstances. Best wait until the sun tan fades before you do though.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
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