How do I apply for a Tomlin order?
If you want a Tomlin order you must act quickly, as soon as you receive a County Court claim form in the post. You can only apply for a Tomlin order after the lender has issued a County Court claim, but before the judgment.
Depending how quickly your lender deals with the County Court claim, this means you could have as little as two weeks from receiving the forms.
You need to contact your lender as soon as possible and explain your situation to them. In most cases, the only reason you would need to apply for a Tomlin order is to protect your job. Your lender will probably want to see evidence of this before they’d even consider this option. A copy of your employment contract or similar might be enough to prove the impact of a CCJ on your future earnings.
If the lender agrees, you and the lender will need to draw up and sign an agreement. This will be accompanied with a ‘schedule’ which sets out the payments and other conditions you’re agreeing to. As long as you meet the terms of this agreement, the claim will be put on hold and you won’t get a CCJ.
You must carefully check the terms in the Tomlin order schedule to make sure you understand exactly what you’re agreeing to. It’s a good idea to get the paperwork checked by a solicitor before signing it, though you’ll need to pay for this advice.