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CCJ received after it was set aside


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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

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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

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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?

 

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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 ?

We could do with some help from you.

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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.

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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.

We could do with some help from you.

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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

We could do with some help from you.

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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 

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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.

We could do with some help from you.

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

We could do with some help from you.

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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

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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