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Ftgab19

E-On Court Judgement for Claimant (in default) sent before any court papers

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Hi everyone

 

My brother has received a letter today from the county court business centre that was headed Judgement for Claimant (in default)

 

It says you have not replied to the claim form (never received anything from the claimantt E-On) It is therefore ordered that you must pay the claimant £727.27 for debt and interest to date of judgement and £60 for costs.

 

My brother has never received any court papers or even letters threatening court. But now he’s had this in the post. I’ll upload a scan of it but I’m not sure how to respond to the court document.

 

Any help would be greatly appreciated

 

Thanks

Andrew

1AA76C8D-D387-4660-B99D-FC2143E21B85.jpeg


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Has he changed address within the last 5 years Ftgab19 ?

 

If so did he inform them of change of address?

 

If not and its his supplier whats the history of the debt...was there a dispute ?

 

Andy


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Hi Andy

 

He has moved address but e-on was our last suppler for the address we live at now.

 

I live with my brother but the debt wasn’t in dispute we just couldn’t afford to pay it.

 

The debt was with e-on’s recovery department.

 

We hadn’t heard anything for awhile then he got this letter.


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the address the judgement states ...he has moved from there yes?

and no longer has access to receive mail from that address...

 

so if he didn't inform creditors or owners of debt since the moved then theres not really a lot he can do sadly.

never run away from debts...

else backdoor CCJ's [as in this case] will appear and its then too late to do anything about them.

 

the judgement debt is for over £600 so there might well be bailiffs soon too.

 

tell us about the debt

was it just old bills he did not pay that were owing when he moved?


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A redetermination ( N245) [if within the 14 days which is free] to vary the judgement into a manageable monthly repayment?

you'll need to send an I&E form too I think

Edited by Andyorch
Edited n244

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No we moved into the address on the court paper in Oct 2017.

When we moved in the gas and Electric was with e-on.

We was managing to pay it but we got a surprise bill when we changed suppliers and ending up falling behind.

 

We was getting letters saying we need to pay but we didn’t get any letters about going to court until today.


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so you are [or were] at your present address using e-on

 

so under that information you reasonably assume that e-on know where your brother now lives..so why serve all the paperwork until judgement to the old address?

 

the judgement debt was billed in his name, is [or was ] the e-on account at your present address in his name too?


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Hi dx100uk

 

We moved into the address were at now in Oct 2017. The gas and electric was with e-On when we moved in.

 

We managed to pay until about April/May 2018 then ended up falling behind on payments and by July it was with there debt recover department.

 

We didn’t get any letters after July then we got the court papers yesterday.

 

E-on didn’t know our old address so I don’t think they’ve sent them there I can only assume they wasn’t sent or got lost in the post.


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ok shame you came back late the courts close at 4pm

 

you'll have to wait till Monday now

but go give northants bulk a ring and ask for a copy of the CCJ and the Claimform by email PDF.

 

if that's got your present address on it

you have a reason to set the CCJ a side

 

but you'll also need a defence for the original debt,

£700+ seems like a lot of debt for such a short period mind.

when did you switch to your new supplier please?


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Hi dx100uk what’s nothants bulk?

 

And I thought it was wrong too thought maybe 300 to 400 but not 700. Where would I find a case to research? And I’ll get the exact date for you but I think may/June


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Sorry i left out the r

Northants bulk. Clickit


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Hi dx100uk

 

Can I email them to get the documents? Or will I have to wait to ring on Monday?

 

Thanks


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quicker to ring

email wont get seen till Monday anyway...

 

hover over the link in post 12

you'll need the claim no from your upload


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and?


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Sorry I only got in late last night but my brother called them up on Monday and they said they don’t keep copies of the claim form and the document I already have the one I uploaded to here is the CCJ.

 

They sent me a copy of the particulars of claim that I’ll post here and they said the claim form was posted on the 17/08/2018 and the ccj was posted on the 11/09/2018

 

Particulars of claim

 

Regards THE CLAIMANTS CLAIM IS FOR MONIES OWED TO THE CLAIMANT FOR ELECTRICITY AND/OR GAS SUPPLIED TO THE PREMISES OF THE DEFENDANT. PURSUANT TO THE TERMS OF SUPPLY AGREED AND/OR DEEMED BY VIRTUE OF SCHEDULE 6 OF THE ELECTRICITY ACT 1989 AND/OR SCHEDULE 2B OF THE GAS ACT 1986 PAYMENT WAS DUE FOR ENERGY SUPPLIED NO LATER THAN 14 DAYS AFTER DELIVERY OF THE CLAIMANTS INVOICE.

 

THE DEFENDANT HAS FAILED TO PAY THE INVOICES RENDERED. ENERGY/INVOICES FOR (A) ELECTRIC - at.... INVOICES RENDERED UP TO AND INCLUDING 24 MAY 2018 - £710.15 AND THE CLAIMANT CLAIMS £710.15 AND £13.23 INTEREST PURSUANT TO S69 COUNTY COURTS ACT 1984 AT 8% PER ANNUM FROM DATE INVOICES BECAME DUE TO THE DATE HEREOF AND CONTINUING AT £0.16 (DAILY RATE) PER DAY UNTIL JUDGMENT OR PAYMENT


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Ive removed the address!

 

So what address was that

And what address was that served too?


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Sorry about that and that’s the address that’s on the CCJ the address we live at now and the one we had with e-on but nothing but the CCJ has been posted here


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we are trying to establish if the claimform [not the CCJ, not the judgement] was served to your current address when they already knew it but was purposefully served to the OLD address so you never saw it and thus got a default judgement on purpose not giving you the chance to defend it.

 

 

your above post is clear as mud in trying to understand that.


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They couldn’t of sent it to an old address they don’t know about are old address. We was with British Gas then we only had e-on when we moved to this current address.

 

Sorry if I’ve made that difficult to understand.


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I think we've got there....

 

one last q..

 

was e-on the supplier at the old address in your brothers name?

you say the address in the POC you typed out IS your CURRENT address?

 

just trying to cover all angles


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Sorry at the old address the gas and electricity was in my name and it was with British gas.

 

When we moved to the address where at now we put the gas and electricity in my brothers name with e-on. I lived with my brother at both addresses.


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They sent this today my brother just sent it me from home.

8A17C47B-6B7F-4B0D-8837-AA2A991F56E0.jpeg


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Ok good all clear now.

Shame you even mentioned the old address

It has nowt to with anything...

 

I would expect the debt is because your DD was not high enough

 

But that will be £780 over only 7 mts so they were undercharging you by £100pcm? Seems a bit high to me


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