Northumbrian Water company claimform - agreed to pay, what do I do with the claim now?

[n20998]

Hopefully a quick question. I've been taken to court by the water company, who are looking to get a CCJ. I've agreed a repayment plan with the company. Do I need to do anything on moneyclaim or with the court papers or can I just leave it?

 

Thanks

[unclebulgaria67]

If they don't cancel the court claim, you will end up with a default CCJ if you don't acknowledge the claim. So still acknowledge that you will defend in full and then you might even enter a defence that they did not allow sufficient time to resolve but that you have now entered into a repayment arrangement with x water company. If there are other issues you can include in defence. The claim will then be stayed after a period as they don't need to continue because you are making payment.

 

What you want to avoid is a default CCJ on your record, which the water company might not be unhappy about.

[dx100uk]

Did they mention the words consent or tomlin order

[n20998]

Apologies I should have been more clear. I acknowledged the claim to give myself more time - the time has almost run out. I wrote a letter to the compnay offering instalments and they have written back. The main things they said...

 

I am writing further to your recent contact with this office about your outstanding account and I can confirm that, as a goodwill gesure, it has been agreed that you can settle the deby by paying in instalments to prevent judgement being entered against you.

 

...

 

If you fail to make the payments on the due dates we will have no alternative but to refer your account back to the County Court for Judgement which will add a further fee to your account and may also affect your credit rating.

I'm not sure why they mention an extra fee as they have already added the charges they are allowed to add for taking it to court. So, do I need to do anything or can I just leave it and make the payments?

 

Thanks for all the responses

[dx100uk]

Sounds like a Tomlin to me

Yes they can add court fees

[n20998]

Right, so do I do anything now or is everything ok?

[n20998]

Anyone? Do I leave it or do I need to defend and say that we've come to an agreement (and send the letter)?

[dx100uk]

who is the water company please

and is this only this years bill?

 

I would be ringing them and asking what is happening about the claim?

 

ask them if this agreement is a tomlin/consent order

- a Tomlin Order (Consent) stays the claim ...avoids judgment....as long as you stick to the agreed payments.

 

or if its an agreement shall we say in kind and the whole claim is dropped

[n20998]

Northumbrian Water. It's last years bill and this year. Your last point - am I asking them to send something else in writing? Thanks for the help

[dx100uk]

just clarify what they are offering first.

 

they say as a gesture of good will....

but then say back to court to enforce judgement

 

if they drop the case totally

they cant do that.

 

so i'm gonna guess its a tomlin they will send you a tomlin agreement.

and as long as you pay that

nothing will show on your file

nor will you get a CCJ.

[BankFodder]

I would put in a defence and say that the debt is denied and that you and the claimant have reached an agreement so that now the claim should be stayed.

Send that off and don't put anything more.

Stay making the agreed payments and don't miss a single one

[n20998]

Thanks for the response. I emailed the litigation team and got the response below - still not sure if I'm ok!

 

The court confirmed that a Tomlin Order can only be granted after a defence has been submitted. Due to you not defending the claim and a Direct Debit being in place for £xx per month (an initial payment of £xx will be taken on xx xx xx) a Tomlin Order is not required.

 

By making the payments agreed, it will prevent a County Court Judgment being entered against you, which could affect your credit rating.

They put that section in bold, not me.

[dx100uk]

that's as clear as mud!!

 

 

id just get it in black and white that they ARE NOT taking you to court now then

[n20998]

Thanks again. I think I need to put in a defense otherwise they get a judgement by default? Is that correct? Thanks

[dx100uk]

dunno cant makeout if they ARE going for a judgement meself

 

 

what date is top right of the claimform?

 

 

dx

[n20998]

19 October 2016

[dx100uk]

a defence needs to be filed by 20th nov

 

 

as a litigant in person

you wont be punished if you DO need to file a defence late Monday.

 

 

can we see these emails from them and you suitably redacted?

[n20998]

Hi dx100uk thanks so much for your responses and help. I've just had a look, unfortunately I can't show you the first email I sent them as I used a webform and don't have a copy of the text. I sent it on 2 November 2016 and filled in my details on my online account to set up the direct debit. They set up the DD and sent me a letter that I mentioned earlier in the thread

 

I am writing further to your recent contact with this office about your outstanding account and I can confirm that, as a goodwill gesure, it has been agreed that you can settle the deby by paying in instalments to prevent judgement being entered against you.

 

An initial payment of xx is now due no later than xx, followed by x monthly payments of xx commencing xx.

 

These payments will be collected by Direct Debit as you requested.

 

If you fail to make the payments on the due dates we will have no alternative but to refer your account back to the county court for Judgement which will add a further fee to your account and may also affect your credit rating.

I emailed the litigation team this (I made mistakes, I know)

 

Customer reference:

 

Claim number:

 

Dear Sir/Madam

I write with reference to the above account.

Thank you for agreeing to the repayment plan I have suggested. As the court action is still in the system, I need you to before it or confirm that we have agreed to a Tomlin Order in order to avoid pursuing the full County Court Judgement. If you are unable to do this I will need to defend the case - by saying that we have agreed a repayment plan - so that a judgement is not entered against me by default.

Please reply to this email by 21 November 2016 due to the legal timescales in place.

Thanks

They responded by email with

 

18 November 2016

Mr xx

Emailed to xx

 

Dear Mr xx

Customer reference:

Claim number:

Thank you for your email which was received at our office on 17 November 2016.

The court confirmed that a Tomlin Order can only be granted after a defence has been submitted. Due to you not defending the claim and a Direct Debit being in place for xx per month (an initial payment of xx will be taken on xx) a Tomlin Order is not required.

By making the payments agreed, it will prevent a County Court Judgment being entered against you, which could affect your credit rating.

Should you wish to discuss any of the details contained in this letter or have any further points you would like to raise please contact us either in writing at xx, by telephone on xx between the hours of 9am and 5pm Monday to Friday or email us at xx.

[dx100uk]

i see what you mean..

 

ok as it invites you to discuss things.

 

I would simply reply asking:

 

I thank you for your co-operation in this matter

it is extremely important to me that I do not get a CCJ,

nor have a stayed court claim hanging over me or showing on my credit file.

 

sorry if I am asking a silly question but I am not legally minded other than reading internet debt forums

so might have used the wrong terminology before.

 

but can I just totally confirm that the court case has been discontinued by yourselves, and the court has/will be informed?

because as it stands looking at the MCOL website regarding the claim, it is live and requires me to enter a defence yesterday.

 

I thank you for you time

Edited November 20, 2016 by Andyorch
Changed Judgment to court claim

[n20998]

Thanks, that's great I'll send tomorrow and hopefully they reply. If I need to file a defense will I be ok to do it a few days late???

[dx100uk]

yes it will be ok

but ideally you need a reply to that email by mid afternoon Monday

then if you need to file a defence like post 11

[n20998]

OK, thanks again for all the help - will report back if/when I get a response.

[n20998]

No response to my email. Will send a chaser this morning and if I don't get a response put the defence in tonight???

[dx100uk]

go ring him

[n20998]

OK so I phoned and the person went through the court procedure. I asked them to email what they said so I had a record and this is it...

 

Hello xx xxx,

 

As discussed, the court process is as follows:

 

Once a Claim has been issued by the Court, we as the Claimant have up to 6 months to request a Judgment if necessary. As we have requested the claim, the Court await confirmation from us as to how we wish to proceed. We are happy to enter into an arrangement with the Defendant if they are able/willing to pay off the balance within the 6 month period. This is classed as a Goodwill Payment Arrangement.

 

If the Defendant files a Defence with the Court then the Claim must follow the process as set by the Court. If a payment arrangement is agreed pre judgment then the arrangement (Tomlin) must be registered with the Court. They charge an administration fee of £100.00 to register the Tomlin and this fee is payable by the Defendant. If the Defendant fails to maintain the payment arrangement we are able to request that Judgment is entered in order to enforce payment by alternative means (Charging Order in the case of a homeowner or Attachment of Earnings if the Defendant is employed.)

 

I do hope this email helps to clarify the situation but you have my telephone number if you require any further information.

Does this make sense?