What is a Tomlin order?

A creditor can apply for a county court judgment (CCJ) against you if they think you won’t repay the money you owe them.

If the court agrees with the creditor, a judgment will be issued telling you to pay the money back.

A CCJ will go on your credit file and a public register.

Your job may also be seriously impacted by a CCJ e.g. if you work in finance.

Applying for a Tomlin order could avoid your job being put at risk. A Tomlin order is a contractual agreement that can stop a CCJ going ahead with your creditor’s agreement.

Do I need a Tomlin order?

It’s only usually worth applying for a Tomlin order if your job is at risk. Typically, this issue arises if you work in the financial sector e.g. as a bank employee.

How do I apply for a Tomlin order?

If you want a Tomlin order, you need to move quickly.

The window to apply opens after the creditor has issued a county court claim and closes once a judgment is made.

When you receive a county court claim form in the post, you should contact your creditor and explain your situation.

They might want proof your job is at risk so send them a copy of your job contract (or a similar document) showing how a CCJ would affect you.

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Do I need to pay for a Tomlin order?

There’s a £100 application fee for a Tomlin order.

What happens if my creditor agrees to a Tomlin order?

If your creditor agrees to a Tomlin order, you both need to draw up and sign an agreement containing a schedule of payments and conditions. This is confidential between you and your creditor.

Your creditor will put the claim on hold and you won’t get a CCJ as long as you meet the terms of the agreement.

Should I do anything before signing the agreement?

Check the terms and make sure you know what you’re agreeing to.

You can get a solicitor to check the agreement over for you, but you’ll need to pay for this.

What happens if my creditor stops me getting a Tomlin order?

You can make a complaint to the relevant regulator or ombudsman if a creditor prevents you getting a Tomlin order e.g. if they don’t agree to it or ask you for payments you can’t afford.

But be prepared for the regulator or ombudsman to come down on the side of your creditor as, by the time CCJ proceedings start, you will have had numerous chances to reach an agreement.

If you can’t agree a Tomlin order, the CCJ will go ahead.

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Can I stop my CCJ from going on the public register or my credit file?

If your CCJ goes ahead and you’re able to pay it off within one month of the judgment, you can apply to the court for a certificate of cancellation. This stops the CCJ from being added to the Register of Judgments, Orders and Fines. If this happens, the credit reference agencies will be told and it will be removed from your credit file too.

This should prevent your employer finding out about the CCJ either from the register or your credit file.