Marston- Enforcement Order with no prior notice E.ON CCJ

[wonkeydonkey]

I read the above in the context its been paid ?

 

Andy

Yes the debt is paid but the action to recovering the fees and addressing the ccj is ongoing.

[AndyOrch]

Yes the debt is paid but the action to recovering the fees and addressing the ccj is ongoing.

 

Ah...many thanks WD.

[MeeBroke]

Yes, just to be clear,

I have never been threatened by bailiffs before and was frightened by the idea of having to hide our cars and lock up our assets etc- as we have done absolutely nothing wrong.

 

 

Therefore I have paid off the bill in full

-as I would have done had I been given the opportunity 6 weeks ago when Eon initiated the action (without informing me).

 

 

If even one letter/email or phone call had informed me of their intentions,

I would have paid instantly.

 

I will definitely be pursuing the set aside,

looking to have my credit score repaired

and for the recovery of the £1100 of fees that were added on to the balance

between December and January.

 

 

All help with the set aside gratefully received.

 

Best

MB

[Leakie]

Mee Broke

 

I am glad you are going for the set aside, good for you,

to many people give up. if everybody challenged then the big boys may change there attitude.

They do it because most clients cannot afford or do not have the will to continue.

 

Leakie

[MeeBroke]

I have taken further advice and have now been told of an option to seek a Consent Order to have the judgement set aside. Does anyone have any experience of this?

 

MB

[dx100uk]

if you could get the claimant to agree to set aside the judgement yes a good idea

 

 

think they have to instigate that mind..not you ..not 100% sure

await the team to respond.

 

 

dx

[MeeBroke]

My interpretation of things is thus:

 

I should write a letter to Eon confirming that I paid the amount in full within 2 business days of having any knowledge of it. Remind them that they used the wrong address to take action and that had I known I would have paid before any such action was taken. Ask if they will have the CCJ set aside and sweeten the deal by telling them if they have it set aside I will not pursue them for the additional fees that they added (over £1000).

 

Worth a try or waste of time?

[E.ON Company Rep: Malc]

My interpretation of things is thus:

 

I should write a letter to Eon confirming that I paid the amount in full within 2 business days of having any knowledge of it. Remind them that they used the wrong address to take action and that had I known I would have paid before any such action was taken. Ask if they will have the CCJ set aside and sweeten the deal by telling them if they have it set aside I will not pursue them for the additional fees that they added (over £1000).

 

Worth a try or waste of time?

 

Hi MeeBroke

 

Just a quick heads up. If you write to us please use the address on the PM I sent you the other day. Will speed things up a bit.

 

Thanks.

 

Malc

[wonkeydonkey]

It is always a good idea to try and resolve matters direct with the creditor It has to be your decision and of course we would respect any decision you make but, personally I would not be offering them any 'sweeteners' and I would be looking to recover the £1000.

[MeeBroke]

Hi All

 

so I wrote to the Court requesting all documentation concerning this case, explaining that Eon had used the wrong address and that none of the documents ever reached me.

 

I received a letter back from the Court informing me that they have none of the documents as the whole thing was 'done online'?

[wonkeydonkey]

Hi All

 

so I wrote to the Court requesting all documentation concerning this case, explaining that Eon had used the wrong address and that none of the documents ever reached me.

 

I received a letter back from the Court informing me that they have none of the documents as the whole thing was 'done online'?

 

It is the creditor ie; Eon you need to contact and when doing so you need to submit an SAR (subject access request). This will give you a detailed report of all communications including any recorded calls and screen shots of your ongoing account at the time.

[MeeBroke]

It is the creditor ie; Eon you need to contact and when doing so you need to submit an SAR (subject access request). This will give you a detailed report of all communications including any recorded calls and screen shots of your ongoing account at the time.

 

Thanks WD. This simply gets more and more incredible. So, a company like this can use any old street address to sue you, even though they are in possession of ALL of your current contact details- and the only way you discover this has all happened and they have managed to get a court judgement against you- is that they contact you at your CURRENT address to let you know it has happened! At this stage, the only one holding any document in regards to this action is the offender themselves!

 

Sorry for the rant but this beggars belief.

 

Should I SAR them before I write to them asking them for an agreement to set aside? I was just about to post that letter today.

 

Thanks MB

[wonkeydonkey]

Thanks WD. This simply gets more and more incredible. So, a company like this can use any old street address to sue you, even though they are in possession of ALL of your current contact details- and the only way you discover this has all happened and they have managed to get a court judgement against you- is that they contact you at your CURRENT address to let you know it has happened! At this stage, the only one holding any document in regards to this action is the offender themselves!

 

Sorry for the rant but this beggars belief.

 

Should I SAR them before I write to them asking them for an agreement to set aside? I was just about to post that letter today.

 

Thanks MB

I agree they are an utter disgrace. It doesn't matter if you send the letter trying to get them to agree a settlement first. This SAR will be needed if they refuse to settle and you find yourself back at ground zero and since they have 40 days to reply in...best sent sooner rather than later.

By the way you will need to send £10 cheque or postal order for the SAR and send always by signed for/recorded post.

 

Courts will look at the time taken from when you first became aware of all this to when you apply for set aside, so keep an eye on the clock (so to speak), don't leave it to long. There is always a lag between application being made and a hearing date being set. In the worse case scenario and the hearing arrives before they reply to SAR you can ask the Court to adjourn until that info is with you.

[ploddertom]

The Court are being a little evasive. Did you ask for details of what address they posted out to & the dates this was all done. Even using the online version the Court still have to send you documentation about the Claim and should also have sent you the Judgment result.

[MeeBroke]

I asked for all of the PT. I got a single letter through the post with no information whatsoever other than telling me to contact Eon.

 

MB

[MeeBroke]

Can I just check my understanding on things? Can Eon request that the judgement be set aside without me making an application to the court? I may have misunderstood things here as the reason I was writing to Eon was to try and achieve this.

 

I'm now starting to to wonder if I have to make the application no matter what?

[AndyOrch]

An application must be made either by you or the Judgment Creditor (if in agreement)..normally by consent order.

 

Andy

[wonkeydonkey]

Can I just check my understanding on things? Can Eon request that the judgement be set aside without me making an application to the court? I may have misunderstood things here as the reason I was writing to Eon was to try and achieve this.

 

I'm now starting to to wonder if I have to make the application no matter what?

 

In all honesty I have never come across the situation whereby the claimant has on request set aside a ccj but since you got the info from a solicitor, he/she is better placed than I am.to ascertain if such an avenue is open to you.

 

I am familiar with the process of the debtor having paid the amount adjudged within one month of judgment being made being able to seek removal of it from the register. and that paying the ccj after the month deadline it is possible to obtain a certificate of satisfaction which marks the debt satisfied on the register but, it will still be visible to anyone doing a credit check.

 

I have always understood the defendant undertaking the set aside process is the only way to have a judgment overturned but I would be delighted to be proven wrong on that, if it means I and others can learn from it.

[AndyOrch]

In all honesty I have never come across the situation whereby the claimant has on request set aside a ccj but since you got the info from a solicitor, he/she is better placed than I am.to ascertain if such an avenue is open to you.

 

I am familiar with the process of the debtor having paid the amount adjudged within one month of judgment being made being able to seek removal of it from the register. and that paying the ccj after the month deadline it is possible to obtain a certificate of satisfaction which marks the debt satisfied on the register but, it will still be visible to anyone doing a credit check.

 

I have always understood the defendant undertaking the set aside process is the only way to have a judgment overturned but I would be delighted to be proven wrong on that, if it means I and others can learn from it.

 

Its quite common practice WD if you have a read in the financial legal issues forum...but you have to make it worth their while.

 

Andy

[wonkeydonkey]

Its quite common practice WD if you have a read in the financial legal issues forum...but you have to make it worth their while.

 

Andy

Then I am delighted to be proven wrong The defendant in this matter is roughly £1000 out of pocket and to drop a claim for that would well be worth Eon's while, don't you think ?? I will follow your advice and read the financial legal issues forum.

 

Having been in a similar situation myself I opted to go for set aside and recovered every unfair penny taken from me...£4k+

[MeeBroke]

An application must be made either by you or the Judgment Creditor (if in agreement)..normally by consent order.

 

Andy

 

Thanks Andy, so how does the consent order get handled? Should my first contact by letter include a drafted consent order, asking them to agree it?

 

MB

[MeeBroke]

Actually using good old Google, I think I've got the gist of things now.

 

 

I'm going to write to Eon explaining that I never received any of their correspondence in regards to the court action.

 

 

I am going to inform them that I would have paid had I received any of this correspondence.

 

 

I am going to inform them that I paid in full within 2 working days of receiving the order.

 

 

I am going to ask them to consent to having the CCJ set aside.

 

 

I am going to included a simple draft consent order for them to sign.

 

 

Something like this:

UPON THE APPLICATION OF THE PARTIES

 

[Meebroke and ADDRESS previously of OLD ADDRESS]

 

[EON AND ADDRESS]

 

 

BY CONSENT

IT IS ORDERED THAT

 

1. The proceedings herein be stayed on the terms set out in the Schedule.

 

2. Meebroke has prior to the date of this order paid to Eon the sum of £xxxx pounds receipt of which Marston acknowledges.

 

3. The County Court Judgement held for MeeBroke under claim number xxxxx be removed and deleted from public record.

4. No order as to costs.

 

Signed

________________

 

 

 

Then, assuming they sign and return it, I file the application for set aside with the court and include this doc.

 

 

Have I got all of that right?

 

Thanks

MB

[AndyOrch]

It normal practice that the Claimant drafts the consent MB...you just suggest plant the idea.

 

The above is the order only (1&4) it will need a schedule (2&3)....which is attached to the above.

 

Andy

[MeeBroke]

Thanks Andy. I'll revert to original plan then and just write asking them to consider an agreement for set aside. I'm also doing an SAR

 

MB

[Old Cogger]

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