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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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NPower took me to court i got CCJ then gave me a refund???


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Hi,

I was taken to Court by NPower about 2 years ago for a utilities debt of around £750.00,

i was allowed to pay it off in 3 monthly payments which i did,

 

 

a couple of months ago i got a letter and a refund of £282.00 and an apology for the delay in spotting that i had been overcharged.

 

 

the annoying thing is, that if the original debt had been £282.00 less i could have borrowed the money to pay it off and avoid getting a CCJ.

 

 

Can a CCJ be removed if the company later realises they made a mistake?

 

thanks

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Yes - you may be able to.

 

Please monitor this thread for a fuller response in an hour or so

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The basis for a set-aside is that you didn't receive the court papers and that if you were permitted to file a defence, that you would stand a chance of success at trial. This is all subject to the Overriding Objective which is that it is in the interests of justice to grant your application.

 

It seems that you probably did receive the court papers and it seems also that you may owe part of the amount claimed – although not all of it.

 

This means that you could file a defence – or at least a partial defence against their claim. The most important thing is that there appears to have been overcharging and they have put their hands up to this. This means that a judgement for the amount claimed is probably unjust and therefore it would be in the interests of justice for the court to grant your set-aside application.

 

I think that we need to know a little bit more about the overcharging. Is it clear that at the time the claim was issued, that you had been overcharged – or is the overcharge something which has happened since then?

 

Did you put in any kind of defence? Who was it who sued you? Was it Npower's own in-house incompetent legal department, or was it sent outside to some external solicitors?

 

Have you got any of the court papers – including the claim?

 

What steps did you take to challenge the amount claimed before they actually issued the papers?

 

I suggest that whatever you do, you begin by sending Npower an SAR.

 

After that, I would suggest that we start looking at the possibility of you contacting them and asking them to consent to a setaside application. If it is there external solicitors then they may well agree. If it is there in-house firm of solicitors, then our experience of them is that they can be unprofessional and un-businesslike and they may withhold their consent simply because they are bloody-minded.

 

 

You have a CCJ on your record now. What effect has this had on your financial life? What effect has the whole overcharging business had on you? Have you suffered at all as a result of this entry on your credit file?

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