Jump to content


  • Tweets

  • Posts

    • Thanks DX.  I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before.  Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here.    Thank you.    B   Witness Oct19_redacted.pdf
    • You came here for advice, soem advice has been given adn you question the validity and source of that advice. We are all lay peopele, ie not giving professional advice but it is based on experience of the world and in some cases working in the field that advice is given on. Now you dont have to take our advice, we wont get the huff if you prefer to look elsewhere or do something else. when I asked what you think they would do with your NI number it is to prod you to think for yourself and question why they would ask for this when there is nothing legal they can do with the information so wouild you be wnating to give it to them knowing that they would want it to break the law if they processed it. Now you can take that up with the company at the top but TBH unless you want to spend money on a lawyer they will not answer the question or fob you off with some ridiculous answer anyway.   so for the moment read a lot about  RLP and similar situations to yours ans make particular note of what happened to the peopel in the end. You will find no threads theat ended by saying " thanks to you I gor sued by RLP and owe them a fortune". It isnt going to happen and the reasons why are explained in many threads. They rely on your feeling of guilt to get anywhere
    • you need to respond to their letter saying that you belive that you ahve been paid correctly ( or underpaid if you are due a small amount of accrued holiday pay etc) and demand that they show a full account of what you received, when and why and how they arrived at this figure. You then reconcile that with your P45 and use the figures to bat off any furhter demands if they still akke one. Come back if they dotn drop the matter and give us the full breakdown on hours worked, hourly rate, gross pay, tax paid  etc
    • @dx100ukI never got a response to my SAR from Octopus.   But I have just received a 'letter before court action' from one of their legal representatives, who have been "instructed to consider legal action against [me] if full payment, a settlement or your proposals to make suitable repayments arrangements are not received in the next 30 days."   I'm reading the threads now. Any advice on how to proceed? 
    • I would say let them do their worst, it will surely backfire on them. Now with restrictive contracts that stop you working fro competitors- these are notoriously vague so often not worth the paper they are written on. also they have to be fair so for example if there are only 2 companies in the UK that make a certain product your employer cant say you arent allowed to work for the other one. If you were for example trained as a hairdersser and you were going to open a salon in the next street to your ex employer then the restriction would apply if worded correctly. Dont panic about this, your new employer will be au fait with the situation and time spent worrying about a nastly letter will in their eyes take you eye off the ball so concentrate on the new job.
  • Our picks

rattlywelshboy

CCJ received after it was set aside

style="text-align:center;"> Please note that this topic has not had any new posts for the last 204 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Share this post


Link to post
Share on other sites

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


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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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?

 

Share this post


Link to post
Share on other sites

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.

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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.

Share this post


Link to post
Share on other sites

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.

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Ok thank you.

 

Quick question. Should I have received claim form also.

 

I will file an n244 application today.

Share this post


Link to post
Share on other sites

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.

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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 

Share this post


Link to post
Share on other sites

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.

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

I will add this to my application.

 

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

 

Thanks

Share this post


Link to post
Share on other sites

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


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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

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

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...