CCJ issued by solictors acting for Marlin Europe Ltd

[jimjohnson]

Hi,

I wonder if you can help me. I have recently been issued a CCJ. This was issued immediately and without notice off of the back of a Court agreed Tomlin order with an order to pay a lump sum and then regular payment. The firm in question never provided me any payment details, I asked them on numerous occasions but they ignored my emails. They never sent me a letter, a payslip, anything, they did say that they had sent an email, roughly a month after I had requested paymeny info, but I have never seen it

One day in the post I received notice that I had been given a CCJ for breaking the Tomlin order, there was no notice, no warning, no court forms, just a confirmation that I now have a CCJ. The trouble is, I added a clause to the Tomlin order (That was used in the signed and returned order from the court) that stated that if the firm wanted to take any action they must inform me and go through the motions. It stated “The Claimant shall be entitled to apply on notice for Judgement”

Now the firm have broken this rule, I have paid them both the lump sum and made regular payment and now they are holding me to ransom saying they will only remove the CCJ if I sign for a new Tomlin order that removes this clause and allows them to place a CCJ on me again without notice. This is worrying, I'm happy to pay, but what if my bank messes up one month (This happened to me last month of a direct debit).

So, with that information in mind, what is my best plan of action? Should I push them to remove the CCJ and provide a new Tomlin order with my clause added or would it be better for me to take them to court, pay the fee to have the CCJ removed with the N244 and then maybe even go for some costs, as they have broken the rules and I have kept good communication and paid everything up to date?

Any help would be greatly appreciated.

Jim

[nemesis45]

Re: CCJ issued by solictors acting for Marlin Europe Ltd

Hi,

I wonder if you can help me. I have recently been issued a CCJ. This was issued immediately and without notice off of the back of a Court agreed Tomlin order with an order to pay a lump sum and then regular payment. The firm in question never provided me any payment details, I asked them on numerous occasions but they ignored my emails. They never sent me a letter, a payslip, anything, they did say that they had sent an email, roughly a month after I had requested paymeny info, but I have never seen it

One day in the post I received notice that I had been given a CCJ for breaking the Tomlin order, there was no notice, no warning, no court forms, just a confirmation that I now have a CCJ. The trouble is, I added a clause to the Tomlin order (That was used in the signed and returned order from the court) that stated that if the firm wanted to take any action they must inform me and go through the motions. It stated “The Claimant shall be entitled to apply on notice for Judgement”

Now the firm have broken this rule, I have paid them both the lump sum and made regular payment and now they are holding me to ransom saying they will only remove the CCJ if I sign for a new Tomlin order that removes this clause and allows them to place a CCJ on me again without notice. This is worrying, I'm happy to pay, but what if my bank messes up one month (This happened to me last month of a direct debit).

So, with that information in mind, what is my best plan of action? Should I push them to remove the CCJ and provide a new Tomlin order with my clause added or would it be better for me to take them to court, pay the fee to have the CCJ removed with the N244 and then maybe even go for some costs, as they have broken the rules and I have kept good communication and paid everything up to date?

Any help would be greatly appreciated.

Jim

Hi welcome to LB if a Tomlin / Consent order is breached the claimant can apply for summary judgement without further notice.
From what you say no payments at were made at all?

Yes I think you will have to accept a new TO, my guess is that your addition has been misinterpreted somewhere, but if a breach has occurred a court may decide that the CCJ must stand, a chance you would have to take if making application to set aside your self.
IMO best to let the sols do it and sign the new order. Cost of application is £155.00.

In your last paragraph you say payments are up to date, so when and how was the order breached? Is it the DD you mention above?

nem

As to " mistakes" by others such as your bank, you can make a complaint about such events, but it is your obligation to ensure that the payments are properly made and on time.

[FlamingParrot]

Re: CCJ issued by solictors acting for Marlin Europe Ltd

I wonder if you can help me. I have recently been issued a CCJ. This was issued immediately and without notice off of the back of a Court agreed Tomlin order with an order to pay a lump sum and then regular payment. The firm in question never provided me any payment details, I asked them on numerous occasions but they ignored my emails. They never sent me a letter, a payslip, anything, they did say that they had sent an email, roughly a month after I had requested paymeny info, but I have never seen it

The whole idea of a Tomlin order is that judgment can be requested if you breach the terms of the order, and it looks like you did. You should have made sure you had their payment details from the time you agreed to the order. :mmph:

One day in the post I received notice that I had been given a CCJ for breaking the Tomlin order, there was no notice, no warning, no court forms, just a confirmation that I now have a CCJ. The trouble is, I added a clause to the Tomlin order (That was used in the signed and returned order from the court) that stated that if the firm wanted to take any action they must inform me and go through the motions. It stated “The Claimant shall be entitled to apply on notice for Judgement”

The way Tomlin orders work is they stay proceedings as long as you keep to their terms, if you break the terms the other side has liberty to apply to lift the stay and obtain summary judgment. There is no requirement for further court forms to be issued. That's why such orders have to be approached with caution, they can help you avoid a CCJ today but you can end up with one at some point down the line if you are not careful.

Now the firm have broken this rule, I have paid them both the lump sum and made regular payment and now they are holding me to ransom saying they will only remove the CCJ if I sign for a new Tomlin order that removes this clause and allows them to place a CCJ on me again without notice. This is worrying, I'm happy to pay, but what if my bank messes up one month (This happened to me last month of a direct debit).

If you are trying to avoid having a CCJ on record (presumably that was the reason for the Tomlin in the first place), then the best course of action would be to agree to the new order. You need to keep an eye on your bank statements to make sure the payments have gone out every month, it shouldn't be too difficult if you use internet banking.

From what you say above, the bank messing up wasn't the reason why you got the CCJ, unless I got it all wrong, the DD must refer to something else. :noidea:

[FlamingParrot]

Re: CCJ issued by solictors acting for Marlin Europe Ltd

Yes I think you will have to accept a new TO, my guess is that your addition has been misinterpreted somewhere, but if a breach has occurred a court may decide that the CCJ must stand, a chance you would have to take if making application to set aside your self.
IMO best to let the sols do it and sign the new order. Cost of application is £155.00.

From what I read above, it sounds like they are consenting to remove the CCJ and draft another Tomlin Order without the OP having to make any application that would incur the £155 fee.

In your last paragraph you say payments are up to date, so when and how was the order breached? Is it the DD you mention above?

The OP said the order was breached because they never got the payment details from Marlin.

I wonder if you can help me. I have recently been issued a CCJ. This was issued immediately and without notice off of the back of a Court agreed Tomlin order with an order to pay a lump sum and then regular payment. The firm in question never provided me any payment details, I asked them on numerous occasions but they ignored my emails. They never sent me a letter, a payslip, anything, they did say that they had sent an email, roughly a month after I had requested paymeny info, but I have never seen it

[nemesis45]

Re: CCJ issued by solictors acting for Marlin Europe Ltd

[QUOTE=FlamingParrot;568617]From what I read above, it sounds like they are consenting to remove the CCJ and draft another Tomlin Order without the OP having to make any application that would incur the £155 fee
I I was referring to the op making application personally!

The OP said the order was breached because they never got the payment details from Marlin. the op states all payments are up to date! So payment details must have been received at some point. " Kept good communication and have paid everything up to date!


From what I see above you have missed at least 1 vital point.

[FlamingParrot]

Re: CCJ issued by solictors acting for Marlin Europe Ltd

Maybe the OP can clarify, my understanding is that they DIDN'T make the agreed payments to start with (due to lack of bank details) and, once they've got the CCJ and the OP was notified, they made the required payments to put the account back up to date.

Now the firm have broken this rule, I have paid them both the lump sum and made regular payment and now they are holding me to ransom saying they will only remove the CCJ if I sign for a new Tomlin order that removes this clause and allows them to place a CCJ on me again without notice. This is worrying, I'm happy to pay, but what if my bank messes up one month (This happened to me last month of a direct debit).

So, with that information in mind, what is my best plan of action? Should I push them to remove the CCJ and provide a new Tomlin order with my clause added or would it be better for me to take them to court, pay the fee to have the CCJ removed with the N244 and then maybe even go for some costs, as they have broken the rules and I have kept good communication and paid everything up to date?

So yes, the account is up to date now and they are agreeable to remove the CCJ and set up a new Tomlin Order so there really isn't much to debate. I can't tell others what to do but if it was me, I'd agree to the new order and just keep an eye on the statements to ensure payments are going out.

[nemesis45]

Re: CCJ issued by solictors acting for Marlin Europe Ltd

Maybe the OP can clarify, my understanding is that they DIDN'T make the agreed payments to start with (due to lack of bank details) and, once they've got the CCJ and the OP was notified, they made the required payments to put the account back up to date.


So yes, the account is up to date now and they are agreeable to remove the CCJ and set up a new Tomlin Order so there really isn't much to debate. I can't tell others what to do but if it was me, I'd agree to the new order and just keep an eye on the statements to ensure payments are going out.

As already stated:crazy:

[Berniethebolt]

Re: CCJ issued by solictors acting for Marlin Europe Ltd

There is clearly some misunderstanding here and making stupid little remarks and even more insulting emoticons helps no one

So from my understanding the questions that need clarifying are
1) Was the lump sum payment made
2) Were all the agreed payments made on time
3) If some payments were missed due to lack of bank details have they been caught up, what have you got to lose
4) Who have you been making the payments to
5) With regard to the addition on the Tomlin, when was that added, before the other party signed?

Overall though I would just sign the damn thing and get it done with what have you got to lose

[nemesis45]

Re: CCJ issued by solictors acting for Marlin Europe Ltd

[QUOTE=Berniethebolt;568996]There is clearly some misunderstanding here and making stupid little remarks and even more insulting emoticons helps no one

So from my understanding the questions that need clarifying are
1) Was the lump sum payment made YES
2) Were all the agreed payments made on time Yes
If some payments were missed due to lack of bank details have they been caught up, what have you got to lose
4) Who have you been making the payments See Thread
5) With regard to the addition on the Tomlin, when was that added, before the other party signed? See Thread

Overall though I would just sign the damn thing and get it done with what have you got to lose[/QUOTE Already advised

[Berniethebolt]

Re: CCJ issued by solictors acting for Marlin Europe Ltd

Nem the OP has not actually answered any of the questions that you raised early on unless you have been communicating behind the scenes

What makes little sense is that if no bank details were given how was the OP making the payments and to whom. Either you are a mindreader or are breaking your own rules ( and the forums) by communicating behind the scenes

Oh and does it really matter if more than one person gives the same opinion or do you need to stroke your ego

[nemesis45]

Re: CCJ issued by solictors acting for Marlin Europe Ltd

Nem the OP has not actually answered any of the questions that you raised early on unless you have been communicating behind the scenes

What makes little sense is that if no bank details were given how was the OP making the payments and to whom. Either you are a mindreader or are breaking your own rules ( and the forums) by communicating behind the scenes

Oh and does it really matter if more than one person gives the same opinion or do you need to stroke your ego

I realise that you fail to read carefully what is said and are unable it seems to relate to or interpret what ahs been said.

POST 1 " I have maintained good communication and paid everything up to date.

For you information I have not been in contact with Jim other than on this thread!

It seems you are very keen to jump in on threads and my posts, I wonder why??

- - - Updated - - -

Nem the OP has not actually answered any of the questions that you raised early on unless you have been communicating behind the scenes

What makes little sense is that if no bank details were given how was the OP making the payments and to whom. Either you are a mindreader or are breaking your own rules ( and the forums) by communicating behind the scenes

Oh and does it really matter if more than one person gives the same opinion or do you need to stroke your ego

I realise that you fail to read carefully what is said and are unable it seems to relate to or interpret what ahs been said.

POST 1 " I have maintained good communication and paid everything up to date.

For you information I have not been in contact with Jim other than on this thread!

It seems you are very keen to jump in on threads and my posts, I wonder why??

[Berniethebolt]

Re: CCJ issued by solictors acting for Marlin Europe Ltd

I realise that you fail to read carefully what is said and are unable it seems to relate to or interpret what ahs been said. What ahs been said- I think the phrase pot and kettle springs to mind

POST 1 " I have maintained good communication and paid everything up to date. Where does it say that? It also doesn't say if the payments were made on time

For you information I have not been in contact with Jim other than on this thread! WEll seeing how he hasn't replied it seems odd how you have changed your advice

It seems you are very keen to jump in on threads and my posts, I wonder why?? Don't wonder too much, I can hear the cogs from here and they are disturbing me

- - - Updated - - -


I realise that you fail to read carefully what is said and are unable it seems to relate to or interpret what ahs been said.

POST 1 " I have maintained good communication and paid everything up to date.

For you information I have not been in contact with Jim other than on this thread!

It seems you are very keen to jump in on threads and my posts, I wonder why??

I suggest you get you PC fixed as you seem to double post a lot or are there two personalities posting

[jimjohnson]

Re: CCJ issued by solictors acting for Marlin Europe Ltd

Quick update. I wrote back saying that the Tomlin was unacceptable and I was not happy to have the CCJ set aside on those terms. I said I would be happy to return to court and have the CCJ nullified there if needs be and would require a clause written into the Tomlin that stated that no CCJ could be placed unless it was applied for upon notice.

They have agreed to this and rewritten the Tomlin including my terms and are removing the current CCJ that is currently in effect.

[nemesis45]

Re: CCJ issued by solictors acting for Marlin Europe Ltd

Well done Jim just the result you wanted!!

nem

- - - Updated - - -

Well done Jim just the result you wanted!!

nem

- - - Updated - - -

Well done Jim just the result you wanted!!

nem

[FlamingParrot]

Re: CCJ issued by solictors acting for Marlin Europe Ltd

Quick update. I wrote back saying that the Tomlin was unacceptable and I was not happy to have the CCJ set aside on those terms. I said I would be happy to return to court and have the CCJ nullified there if needs be and would require a clause written into the Tomlin that stated that no CCJ could be placed unless it was applied for upon notice.

They have agreed to this and rewritten the Tomlin including my terms and are removing the current CCJ that is currently in effect.

WELL DONE! :clap2:

Result at last! :whoo: