Judgement for Claimant (in default) received.

Boat_to_Bolivia

Juliansnemesis said:

@Coupon-mad,

No I haven't missed that and I will get on to it. Thank you. 

JN. 

Good stuff. Please keep us posted and all the best.

Juliansnemesis

@Coupon-mad,

I've just had a quick read about Tomlin orders and what I can gather is that you can only apply for one before judgment is made?

Does that sound right? 

I will be drafting my complaint letters tomorrow.

I'm assuming I settle the CCJ and then ask the claimant to have it struck out. Don't want to delay paying up and having bailiffs around. 

JN. 

Le_Kirk

Juliansnemesis said:

@Coupon-mad,

I've just had a quick read about Tomlin orders and what I can gather is that you can only apply for one before judgment is made?

Where did you read that?  A Tomlin order is just an agreement between parties and is used to prevent CCJ being implemented if both parties agree.

Coupon-mad

I can't promise it'll work and am not legally trained.

It may not work. But it costs you nothing to press this complaint and ask your MP to ask the C's solicitors if they would kindly agree to draw up a Tomlin Order when you pay them in full.

What you might need to just tip the balance is more evidence that others were affected and this claim just wasn't served by the CCBC, as that wasn't considered by your Judge and new evidence on that might make a difference.

You already made a formal complaint to the CCBC in the Spring - yes? - as was shown in the threads I pointed you to right at the start by Sasanova and 63realfan?

And a formal complaint to the Post Office for compensation?

Juliansnemesis

@Le_Kirk,

"You can only apply for a Tomlin order after the lender has issued a County Court claim, but before the judgment."

From the stepchange.org site. My CCJ has been implemented since January due to the default judgment. Apologies if I'm misinterpreting? 

Juliansnemesis

@Coupon-mad,

No I have not complained to either yet but will get on to it now. You directed me to sasanova and lukeapple in January and I read their threads at beginning of Feb but to be honest was looking for WS examples. 

I have been emailing with my MP and their case workers and have updated them on the result of this case. I will follow this up with a further email asking for their help with the Tomlin order. I agree it costs me nothing to try! 

Thanks 

JN. 

Juliansnemesis

Hi @Coupon-mad,

Ok I have emailed my MP asking for their help again. Generally it is taking them about a month between responses. Should I leave the debt outstanding whilst I wait? I'm concerned about bailiffs and also what it is doing to my credit rating.

JN

Grizebeck

bailiffs are irrelevant

Juliansnemesis

@Grizebeck,

Ok how so? As in they won't come to my address? The debt is now over £600.

JN

Coupon-mad

Surely you are starting the ball rolling before waiting for your MP to join in and support your position?

Complaint to the CCBC stating that the claim was never served due to their own deliberate decision not to use a service (as required by the CPRs) that guarantees next day delivery, at a time when the service they used was on strike. And they knew this and should have used an alternative. State the loss they caused.  A version of this complaint is on another thread. Maybe the one by @63realfan

Complaint to the Royal Mail saying the loss they caused. Make a claim for monies as compensation.

Decide whether to appeal or not.  Your case still niggles with me.  So wrong.  In some ways I'd be itching to appeal because the Judge only looked at CPR13.3 (the fall-back position) and failed to consider CPR 13.2 and the mandatory set aside position, in cases where a claim was never served.  He didn't even think about or voice that mandatory rule, or ask you about it.

If not biting the bullet and appealing (which is even more of a lottery, so we totally get it) you can email the solicitors this week asking how to pay but stating that since the claim was never served due to the postal strike, would they kindly draw up a consent Order to set aside the CCJ if you pay in full.