CCJ set aside and rejecting a Tomlin Order

rara22

Hello everyone,

I have a debt for £2150.90 for an overdraft with Halifax from about 10 years ago. I’ve paid off about £850 and stopped paying in 2020 due to redundancy (I did inform them of this and original debt was £3k) over the years but now I have a CCJ on my report that I want to remove. I’ll summarise below.
26.11.21 a claim form was sent to my old address
12.01.22 a hearing was heard against me which I couldn’t attend as I didn’t know and so there is now A CCJ on record
28.02.21 I discovered CCJ for remaining £2150.90 plus £216 fees via a credit report.
02.03.22 I asked the claimants solicitor to consent to setting aside to no avail. 
25.03.22 I made an application to Northampton business centre to set aside and paid £265.
01.04.22 received a letter to say that my case has been transferred to my local county court for them to deal with my application. 
21.04.22 I received an email from the claimants solicitor to say that they will consent to set aside based on the condition that I sign a Tomlin order within 1 week and that the claimant agrees to it. (See attached photo)

I’m over the moon that they are willing to set aside as this was going to affect but I don’t want to sign up for a Tomlin Order because my salary is so low (£12k part time) that I will end up being legally obliged to pay a small sum every month for years and years, and if I miss a payment because I change my bank or move abroad or whatever, it will become a CCJ again. A family member has VERY kindly offered to lend me the money so I want to pay it off in full and have the fees removed. However I just want to make sure that the claimant commits to setting aside the CCJ because I don’t want to pay all this money and still have it on my file for 6 years. So I have a few questions and I really appreciate anyones advice on how best to proceed:

1. At this stage, 1 month after submitting my n244 is it actually possible for the claimant to tell the court that they now consent?
2. How can I ensure that they do tell the court, and that the court adheres to this, and can I ask the claimant to do that before I pay?
3. As I am paying in full I would like to ask that they deduct the £265 N244 fee and the £217 court fees and that I pay the remaining £1885 it by 27.05.2022 - is that feasible?
4. Is there any danger that I reply, offer to pay under my conditions, and they change their mind and decide not to consent and use the email against me at a court hearing as evidence of admitting the debt and then it affecting my n244 application.
5. What so I need to do to next to have it actually removed from my file? 

fatbelly

You sign and return the Tomlin Order. They will inform the court.

The court removes the ccj (actually winds it back to the claim stage) and informs the register of court judgements

You pay the debt

If the ccj is for £2366.50 then that is what you will have to pay - you can't deduct your N244 fee - have you tried to claim that back from the court? (google remission of court fee)

The problem is that they have not actually sent the order for you to sign yet. You will need to let them know that you intend to pay this in full and what the timescale is. I imagine they would then send it.

rara22

So a Tomlin order can be used to pay in full as well as installments?

I attached a screenshot of the solicitors email in my first message, they offer to offset the cost of the n244 against the balance. So I just wanted to know if it’s realistic to ask for the court fees to be reduced too.

they have attached just an income and expenditure form. My income is so low I know that if I fill it out the court will say I should pay back like 50-100 per month or something. It’ll be bound to this forever.

fatbelly

Yes, a Tomlin Order just sets conditions - it could easily say 'pay in full within 28 days'

I missed or did not understand their point 2. Yes, you could ask them of offset their own costs. If the court will refund your fee you should still try that though.