@npowerhelp NPower / wilkins deceptive action to ensure default CCJ??

[Danni21]

Hi! I'm new here so please bare with me!

 

 

I've had an ongoing issue with NPower which has escalated to such a stressful level I am now on antidepressants.

 

 

After 4 years of NPower producing incorrect bills I finally switched energy companies In 2012.

There was an arrears of £500 on the account and after 3 months of waiting for a final bill

NPower said I owed £795 which I queried for about 5 months before they settled on £745

which I continued to dispute until April 2014

when I had just had enough because I couldn't find anyone to help me dispute this on top of being unemployed.

 

after months of explaining I could not afford to pay this amount immediately

I was bullied into arranging an unaffordable payment arrangement of £20/month.

 

 

At the time I had a monthly deficit of £550 so this just wasn't at all affordable and I struggled to meet these payments

but always communicated when I was able to meet the payment.

I did however pay more than the agreed when I could and by January 2014 the outstanding amount was £500.

 

Even after discussing this with NPower they still found it necessary to instruct their solicitors Wilkin Chapman LLP to issue court proceedings

if I was unable to pay the full sum within 14 days.

 

Again I explained my situation with Wilkin Chapman and produced a full income and expenditure document showing my deficit.

There was no question of a doubt that they were fully aware of my circumstances.

I made a token payment of £50 leaving a remaining total of £450 and was bullied into making a payment arrangement of £20/Month

as they said their client (NPower) would not accept anything lower than this

and would follow through with court proceedings if this was not paid.

 

 

In March 2015 I advised Wilkin Chapman that I would not be able to meet my payment arrangement for that 6/8 weeks due to family bereavement

and the fact that my invoices from work had not been paid. This they now claim to have no reference of.

 

Wilkin Chapman followed with Court proceedings in April; and

 

 

as soon I received the court documents I called and made an offer to pay something to avoid court action

but they refused payment and advised that in order to stop court proceedings I would have to pay a total of £538.

 

 

I was unable to pay this so believed my only option was to return the admission form back to them.

I both emailed and posted the forms back to Wilkin Chapman on Friday 1st May and have receipt of both being delivered

and signed for on Tuesday 5th May.

 

 

On Saturday 15th May I received a CCJ (Default due to non response) from the Court asking for an immediate payment of £668.65 forthwith.

Wilkin Chapman had failed to forward my admission form to the courts which resulted in this default.

 

Wilkin Chapman have explained that their client (Npower) had advised them not to return the documents to the court.

 

However, The Court have stated that the solicitors should have sent my admission form back to the court

and allowed them to come to a decision if one could not be made by the claimant.

 

Wilkin Chapman LLP have now asked me to forward a sum of £693.21 to be paid immediately.

Although the original debt was for £450, with the interest added brought it to £538

and court costs total £130 bringing the forthwith sum to £668.

 

NPower customer service team have advised that Npower have sided with their solicitors behaviour

and accept that they may have acted illegitimately forcing me into further financial hardship.

 

 

NPower have refused to accept a sum of £668.65 to clear my debt (my neighbours have rallied together and offered £500 towards the debt)

and to add insult to injury ended the phone call with "if you fail to repay the amount of £693.21 we will proceed with collection measures."

 

I just don't know what to do now!

The courts have advised that they can remove the CCJ from my credit file if I pay £668 by 10th June 2015

but NPower and Wilkin Chapman LLP have refused to take this amount

and want all their legal costs paid on top of the forthwith total on the CCJ.

[dx100uk]

you biggest mistake here is continuing to converse on the phone

and is prob your route cause of all the issues.

 

just for you ref

 

whenever you get a claimform

 

you DEAL WITH THE COURT ONLY.

 

always ack the claim on time

and always request documents the claimant intend to rely upon via CCA/CPR if applicable]

 

you should have sent the form to the court not the spoofing sols.

 

anyway

the admission form would not have stopped the CCJ even if sent to the court directly

 

it would still have allowed them to get the defaulted judgement - you didn't defend anything.

 

I think your best cause of action is to get I think the variation form into the court

and get a monthly payment setup through the court.

 

then once that is settled we can look at attacking npower if necessary

 

dx

[Bazooka Boo]

I'm thinking the energy ombudsman will be your best route in bringing down Npower.

 

But deal with getting that variation order in to the court first...

[Danni21]

Thanks for the response guys.

 

 

I was advised by the courts to send documents directly to the solicitors.

It also stated on the forms to send back admission forms to the solicitors not the courts.

 

 

I'm not disputing the CCJ more the action NPower and Wilkin Chapman have taken.

The court will remove the CCJ if I pay the CCJ amount of £668

but NPower and Wilkin Chapman are refusing to take payment allowing me to remove CCJ. .

 

 

I don't want to enter any payment arrangements with these ******s as they are untrustworthy

and I don't trust that there won't be bailiffs at my house.

 

 

Can anyone advise how I can force them to take my payment of £668.

[Bazooka Boo]

Do you have their refusal to accept full payment in writing, or is this just over the phone?

[dx100uk]

if you are paying the full claim figure

 

 

you can do that directly to the court.

 

 

simply bypass the claimant / npower all together as far as I know

 

 

dx

[Bazooka Boo]

OK just did a bit of searching, have a read of this https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-do-owe-the-money-pay-the-judgment

 

You’ll have to pay the person or business you owe the money to, or their solicitor. The name and address will be on the judgment form. Don’t pay the court.

Make sure you can prove you’ve paid. Send a cheque or postal order by post, or make a bank transfer. Don’t send cash through the post.

Keep a record of your payments and make sure you pay in time.

 

Well, every day's a school day as they say!

[dx100uk]

he he

 

 

one each then BB [re cpr]

 

 

sorry op gaff info from me

 

 

dx

[Bazooka Boo]

he he

 

 

one each then BB [re cpr]

 

dx

 

Ha ha yeah!

[Danni21]

Ok, just checked.

 

 

I can set aside the judgement as I believe the judgement had been authorised incorrectly (ie the solicitors lied, and said I didn't return the forms).

 

 

Thankfully I have an email from Wilkin Chapman saying they recieved the forms on 5th May

and also Royal Mail tracking says my forms were delivered and signed for on Tuesday 5th May.

 

 

I'm just wondering if I set aside the claim and ask for a court hearing,

if I could just pay the £450 I owe and let the court know the debt has been settled?

 

 

Does that make sense or do you think there is better way around it?

 

 

Thanks for your help everyone.