Backdoor Npower/Wilkin Chapman CCJ - set aside - but now got a default judgement show again!

[rattlywelshboy]

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

[dx100uk]

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 November 3, 2018 by Andyorch
Thread title amended

[rattlywelshboy]

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 November 3, 2018 by dx100uk
spacing

[AndyOrch]

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

[rattlywelshboy]

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

[dx100uk]

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?

[AndyOrch]

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."

[rattlywelshboy]

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.

[rattlywelshboy]

Hi All,

 

Been a while but after a bit of assistance/info.

 

I managed to get behind on my Power gas account about 4 years ago and a prepayment meter was installed.

No issues as was easy to manage.  

 

We changed supplier and spoke to NPower

asked to come to an arrangement as obviously they could no longer take the debt from the prepayment meter.

 I heard nothing for ages

 

out of the blue I find out that there has been a CCJ registered against me for £1800.00 and had been there for about 6 months.  

I contacted Wilkin Chapman (NPower solicitors) and advised that I had not received any claim form or any court correspondence.

 I filled out an N244 form to request that the CCJ be set aside as I was unaware of the CCJ and was unable to defend any claim.

 

After I told the solicitors I have requested that it be set aside they offered my a TOMLIN order to complete.  

I then received a court date to go to court for a hearing for the request to set aside the CCJ,

I was told by the solicitors that I didn't need to attend and that I should sign the Tomlin order.

 

I decided to attend the hearing as I thought I had to and the solicitors never turned up and the judge accepted my claim to set aside and was later sent an N441A Certificate of cancellation of judgment debt and it was also taken off my file.

 

Well that was on the 2nd November 2018 and all was well...

today when I receive a Judgment for Claimant by default letter from the court ordering me to pay the amount of £2152.85 to NPower by the 29th March.

The judgment letter is dated 23r March but the date on the franked envelope is 25th March.

 

The court have given me 2 days to pay over 2k for a judgment that was set aside and I have had no further correspondence from anyone until today.  

The claim number is also the same on the set aside letter and also the new judgment letter.

 

Not sure what to do now,

do I submit another N244 form to the courts?

the ccj is not on my credit file either.

 

Any help would be appreciated.

 

thanks

[AndyOrch]

What did it state in the Tomlin Order...?  Agreed to set a side providing you make payments ?  Was you not informed to submit a defence after it was set a side ?

Did the claimant agree to withdraw the claim ? Just because you set it aside it does not mean thats the end of it...you either submit a defence and the claim resumes or you agree payments within the Tomlin Order and providing you dont default they wont request judgment ...again .

 

Andy

[rattlywelshboy]

Hi,

 

After I received the letter dated 2nd November I emailed the solicitors to ask that if the ccj has now been set aside do I have to wait until they send their defence in and then if the judge agrees with them do I have to agree to a Tomlin order as the current claim reference had been set aside.

 

Until today I have not received any more info from the solicitors or any claim forms from the courts.  

 

Also the very short amount of time they have given to pay the monies is crazy, especially since they wasted 2 days before even sending the judgment out?

 

[AndyOrch]

Well the last person you ask advice from in a court claim is the claimant....DId the court not notify of what would happen after the set a side hearing ?

 

Again what did it state in this Tomlin Order ?

[rattlywelshboy]

At the court hearing on the 3rd October the judge advised that whilst he had set aside the judgment he would allow the claimant 14 days to file an amended claim.

 

Nearly a month later on the 2nd of November I received the letter of cancellation from the court.

 

I have today been informed by the court thet the claimant filed an amended claim on the 5th November and I was then given 28 days to file a defence.

 

Between the receiving of the cancellation of the judgment and then receiving a notice of judgment by default I haven received any correspondence.

 

The Tomlin order I was sent to sign arrived after the hearing to set the judgment aside and in it was an agreement to set the original ccj aside provided I pay 100 pounds per month.

 

As I had already beed to the hearing and had the ccj set aside I never signed the Tomlin order.

[AndyOrch]

Okay so the Tomlin Order was never filed and its irrelevant to where we are today.The court and claimant failed to serve the amended particulars on you.

I assume you have not changed address in the process of all this and the court and claimant are aware of your current address.

 

You will have to submit a further n244 and set it a side again for the above reasons.

[rattlywelshboy]

Ok thank you.

 

Quick question. Should I have received claim form also.

 

I will file an n244 application today.

[AndyOrch]

No you dont get a fresh N1 court claim...but you should have received the amended particulars and the courts directions stating you submit a defence by xxxxxx

[rattlywelshboy]

Sorry, also when the judge told me that he would give the claimant 14 days to submit an amended claim, would that start from the hearing date or later as I was told today by the court that they received the amended claim on the 5th November which is over a month from the hearing date.

 

Thanks 

[AndyOrch]

Yes and no....the date would run from the Order date..( assuming the court sent one ...as you never received yours) but generally it should run from the set a side hearing date ..therefore the claimant failed to comply with the judges directions and another reason why the claim should be set a side if not struck out.

[rattlywelshboy]

I will add this to my application.

 

Big thanks for your help and will update the outcome as soon as I know.

 

Thanks

[AndyOrch]

Post a copy of your intended N244 here before submitting let me check your Order first. 

[rattlywelshboy]

please find attached the N244 form, I have not added any personal information.

 

thnx

N244 NPOWER.pdf

[AndyOrch]

Fine..but they will most probably request a hearing..but let the court advise and request the difference in fee.

 

In 3 or 10  you could add "  no notification from either the court or the claimant "

 

Andy