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backdoor N-power CCJ - Set Aside granted - but now what?

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Hi All,

 

Need a bit of advice. I checked my credit file and found a CCJ had been registered by default against me for an outstanding debt to our previous gas supplier ( I shall call them M-Power for this discussion but you get the drift of who they are).

 

I contacted the court help line and was given the solicitors info who applied for judgment. I didn't receive any info about the ccj so I told them I was going to request a SET Aside of the cci as I wasn't aware.

 

The solicitors agreed to this set aside even though the debt wasn't paid but providing I entered into Tomlin order. Anyhow I received a court date about the set aside and I went along to say my bit. The solicitors didn't show and the judge agreed to my request.

 

Now this is where is gets a bit weird. The judge said that although he has granted the set aside he has to give the claimant 14 days to submit any amendment of claim? after which if they domino reply then that's that.

 

The court hearing was on 03/10/18 and on the 20/10/18 I receive a letter from the court advising that the judgment was set aside but the claimant has until 04/11/18 to submit any defence or amended claim.

 

surely the 14 days would start from the court hearing and not 17 days after?

 

Also today I received 2 letters, one from the solicitors advising that they have submitted the info to the court on 02/11/18 requesting an amendment to original claim and also costs. But on the same day I also received a letter from the courts advising that the CCJ is now completely set aside and that that's that?

 

Sorry for the long post but need to know where I stand.

 

Thanks

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yes but it resets the case to as if you've just received the claimform..

so await the Claimform and the amendments to the POC>

 

I will guess you left the debt and didn't inform n power of your change of address. [which you should never do on any consumer debt as you risk , as you have, a backdoor CCJ]

 

so did owe then upon leaving your previous address?

 

Thread title amended

Edited by Andyorch
Thread title amended

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Hi, I still live at the same address.

I switched to a prepayment meter with them and was paying a bit each week.

The debt is owed

I disagree with the amounts as there are quite a few admin charges on the account and have never been told why even after requesting it a few times.

 

What my query is,

is that the judge gave 14 days on 3rd Oct for claimant to resubmit but then on a followup letter dated 20th oct he has given another 14 days?

 

Also the letter from the court dated 2nd Nov states that the CCJ has now been set aside and requested the registry to remove the ccj.

The same day I also get a copy of the claimants submitted amendment dated 2nd Nov

 

it appears that the court have sent out the final set aside letter before they received the info from the claimants solicitors.

 

I have had an email from the solicitors still asking me to enter into a Tomlin order even though the ccj reference they refer to is the one that has just been set aside?

Edited by dx100uk
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Do they offer anything by way of the Tomlin Order ?

 

To leave it set a side providing you agree to a payment arrangement ?

 

Or simply agreeing to set a side?

 

 

Andy


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They agreed to set aside the ccj providing I agreed to sign a Tomlin order. I hadn't received the Tomlin order before the court hearing and as they didn't turn up as to save costs the judge didn't like that and he agreed to my argument of not receiving the original court documents.

 

Now the ccj is set aside, do I still need to enter into a Tomlin order that they are asking for. As that ccj is now gone. just not sure if I just need to wait not until new court documents are served with the claimants application for a new ccj

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you were on a pre payment meter and the debt was being paid off ….

so you switched supplier.. some of the debt existed still..

but you never got any of the court paperwork nor the claimform until you saw the CCJ..and you hadn't moved?

 

see wht andy says but if there are fees there [not associated with them taking you to court] them i'd want those removed before agreeing to a tomlin?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Well forget the Tomlin Order if there is no offer to yourself...was you not told to submit a defence by any given date ?

 

" The court hearing was on 03/10/18 and on the 20/10/18 I receive a letter from the court advising that the judgment was set aside but the claimant has until 04/11/18 to submit any defence or amended claim."


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Hi,

 

Yes the claimant have to submit any defence by 4th November 4pm, and I have to submit a defence by the 4th December 4pm.

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