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

[dx100uk]

New one on me

Wait for Andy to comment

[n20998]

Thanks, I found it strange. I said if I don't file a defence don't you get a judgement by default and they said no. Confused!

[AndyOrch]

Yes thats correct......its the claimants prerogative when to request judgment...as you have acknowledged the claim/submitted a defence within the given period (33 days) then there cant be any default judgment.If you only acknowledge and dont submit a defence then yes they can request a default judgment

 

Always submit a defence irrespective of any settlement arrangements.

 

Conditions to be satisfied

 

12.3

(1) The claimant may obtain judgment in default of an acknowledgment of service only if –

 

(a) the defendant has not filed an acknowledgment of service or a defence to the claim (or any part of the claim); and

(b) the relevant time for doing so has expired.

(2) Judgment in default of defence may be obtained only –

(a) where an acknowledgement of service has been filed but a defence has not been filed;

(b) in a counterclaim made under rule 20.4, where a defence has not been filed,

and, in either case, the relevant time limit for doing so has expired.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12#12.2

[n20998]

Thanks Andy. Should I defend as per post 11?

 

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

 

I'm not sure if they are trying to trick me or are stupid. Do you agree with what they've said about the Tomlin Order?

 

Thanks again for the responses and the help.

[AndyOrch]

The Tomlin Process explained is correct...submitting a defence does not prejudice any settlement attempts...simply protects you from them pressing the button.

[n20998]

Thanks I'll get it sorted

[n20998]

I've done my defense. Should I respond to the NW people or not? I want to say why I've defended and that it doesn't mean that I'm agreeing to the Tomlin order and the associated additional costs.

[dx100uk]

i would suspect you cant avoid the court fees

 

 

IMHO you don't need to tell NW anything

they'll soon find out!

[n20998]

Ah right didn't realise that!!! Is this part of the email from NW correct...

 

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.

 

Can we not still keep with the goodwill arrangement and have the claim 'stayed'? I thought that's what I was trying to acheive? Also is the admin fee from the court £100? From looking at a few (older) threads it seems to be £50??

 

Confused again!!!

[dx100uk]

just let the claim get stayed.

[n20998]

So am I forced into the Tomlin order now or can I say I haven't agreed to that?

[dx100uk]

no they don't have to do anything

just let it get stayed

[n20998]

Right, so why did you say I'd probably have the extra court fees? Thanks for all the responses but quite confused by this.

[dx100uk]

they would have paid a court fee to bring the claim

that's what I was thinking you were referring too.

[n20998]

Ah right cool. Yeah that's one already been added, fine with that.

 

 

As they've said the procedure if I defend is for the Tomlin order to be agreed..

.shouldn't I reply to say I don't agree to that, it's not a *must* and that I want to keep with the goodwill agreement?

 

 

Apologies for so many questions but I feel/fear that I've got this wrong.

[dx100uk]

well they could be pedantic and ask for a tomlin

but theres no real need too, all they do is let the claim be stayed

or more correctly if this agreement is truly a GOGW, discontinue the claim!!

 

 

I think i'll let andyorch comment further.

[n20998]

Thanks, Andy any thoughts on this please??

[Ganymede]

Ah right didn't realise that!!! Is this part of the email from NW correct...

 

 

 

Can we not still keep with the goodwill arrangement and have the claim 'stayed'? I thought that's what I was trying to acheive? Also is the admin fee from the court £100? From looking at a few (older) threads it seems to be £50??

 

Confused again!!!

 

The Tomlin Order will stay the claim and prevent your getting a CCJ on your credit record, provided that you stick to the payment plan!

 

And they are correct that the fee is £100.00.

[n20998]

this has progressed a bit, hoping to get some thoughts.

 

 

They sent me a letter with a lot of information,

wanting to go ahead with the Tomlin order and charge me £100.

 

 

I spoke to someone from NW defence team and asked them to look again and email me with what they can do.

 

 

I received this

 

Good morning ** ***

 

Thank you for returning my call yesterday.

Having looked at the case again I believe the only solution to prevent further costs would be to ask you not to complete any further Court paperwork (this includes a request for a Directions questionnaire).

 

I am going to ask you to ignore any further correspondence from the Court,

by doing this the case will be struck out by the Court and stayed unless we request a Judgment.

We won’t do this unless you fail your payment arrangement.

 

I am confident having spoken to you that you will maintain this arrangement in order that the balance is cleared before the need to start 2017/2018 charges.

 

 

We will closely monitor your account to ensure that payments are made as agreed.

 

I hope you are satisfied with the outcome.

 

I've replied saying this is fine. Do you think I'm ok with this now?

[dx100uk]

seems ok to me

one small point

 

 

it doesn't quite sound right on the struck out/ stayed bit to me.

it would only be struck out if they the claimant failed to follow DQ

and only if the judge ordered such AFAIK.

on the stayed by, if they've filed DQ no it wont get stayed

 

 

let andy comment

to me even though i'm not legally minded

it appears they aren't either!!

[AndyOrch]

Yes thats fine as long as the claimant does not inform the court they wish to proceed..then allocation will not happen and the claim will remained stayed....It cant be struck out and stayed...obviously its one or the other.

 

Andy

[n20998]

That's great thanks for the responses

[n20998]

Hi, I'm looking for some help.

 

 

Everything was fine but I missed the payment at the beginning of February.

I can't explain why but I just don't have the money to pay it.

The court action has been progressing even when the payments were being made.

 

I've been sent a letter from the court saying that the case has been allocated to the small claim court.

 

 

It is asking for witness statements, documents etc to be sent to the court by 1 March 2017.

 

 

I guess this is to prove my defence (my defence was that I had an agreement set up so the hearing was unnecessary). It mentions a hearing will happen.

 

What options do I have now?

All I am looking to do is avoid the CCJ.

 

 

I need to delay the proceedings as much as possible as in a couple of months (end April probably)

I'll be able to pay off the remaining balance.

 

Any help very very much appreciated. Thanks.

[AndyOrch]

How as court action been progressing even though you were making payments ?

 

Andy

[n20998]

They never stopped it. I had to file a defence as discussed earlier in the thread and stated to the court that we had an arragement in place. I've been taking the max amount of days at each stage to try to delay so that hopefully the whole balance would have been pad off by the time of the hearing. Now I've messed up I don't know what to do.