Npower claim form *** Settled Tomlin Order ***

[Jayne777]

Thank you so much. This is brilliant, and a lot of help, thank you!

 

Just one thing, do I need to mention that I didn't get a default notice or does that not matter with this?

x

[AndyOrch]

Default Notices are not applicable to Utilities.

[Jayne777]

ok!

I will add in the dates and submit it now.

I really can't thank you enough for your help x

 

[Jayne777]

Could someone please help me?

 

ive received a reply from the solicitors and I don’t really understand it and I have no idea how to respond.

It’s pages and pages long, but if I can work out how to redact my info from it and I post it up could someone please helpe?

Its dated 11th and says I have to reply by the 18th, so Thursday.

I’m so worried.

 

Theyve refuted every point I made in my defence.

They’ve sent copies of lots of bills, and said a few things which simply aren’t true but I don’t think they’re important things.

They’ve said that I refused entry for the meter readers which simply isn’t true, and their screenshot of attempted meter reads said couldn’t access, which is true, the meter was too high at the back of the garage, the man who used to come to read it couldn’t access it either.

Almost all of the readings are estimates but they say that doesn’t matter.

 

They said they didn’t respond for a year between last year and this because I’d said I was approaching a fund for help paying the bill, which isn’t true, I do know about the funds, and I did ask for help from them when I heard about them, but that was March  this year, I’d not heard of it when I spoke to them. 

[dx100uk]

unless its from the court

you haven't got to respond to anything

 

that's probably just a reply to your CPR request.

 

getting close to being stayed is it not?

28 days from your defence filing date?

 

[Jayne777]

It said that they have to file or confirm with the court by 17th, and that they have done.

and that I have to respond with to them within 7 days of the date of the letter, which is actually 4th,

 

they sent me an email saying that the date on the letter should be 11th,

but that they’re aware that they sent me an email

but the attachments were too large so I didn’t receive it,

 

they’ve sent me a paper copy of what they’d sent through.

 

do I even have a defence?

I’m so confused.

 

I don’t doubt that I owe something, but just not that much.

 

There paper work says I have paid over £2000, but still owe over £4000, and then they’ve added interest of over £1000.

[dx100uk]

rubbish

and block and bounce their email address too

send one further email to them.

 

state that this [your] email address is NOT to be used to for any communication or serving of documents and that they are now blocked.

 

scan up the letter and the docs when you get them to ONE multipage PDF

read upload

 

you have already filed your defence

 

I don't know what they/you are going on about there..

 

there is no time limits nor can they dictate any with regard to sytuff they sent you

only the court decides time limits 

[Jayne777]

I’ve attached most of the documents that they sent and hope I’ve redacted all my info. I had to leave out some bits as it was too large to upload. The bits I’ve left out that they also sent are copies of lots more bills, I’ve included some.

 

Also there were lots of sheets, mainly in code from when they state they came to read the metre. These and the solicitors letter says I refused them access to read the metre, this is absolutely not true, the metres were at the back of the garage that we used for storage, and once that I remember he said it was too full to get through, it wasn’t that bad or that full. Other times he didn’t mention that and could get through ok, but the metre was really high up in the wall and he couldn’t access it due to the height. I also at one point requested pre payment metres but they couldn’t fit them due to the height of the metres, and I think there was an issue that they were on an internal wall too. 

 

Also, they said the metre readings weren’t provided by the letting agents, they were. The agents told us this, as did npower, and all of the letters they sent to us after we’d moved they had our address because the letting agents had given it to them. I spoke to npower within a couple of weeks of moving and they already had all of the information from the letting agents. There also were no tenants after us. The house was sold but stood empty for over a year first. 

 

The income and expenditure form I had filled in and sent off to them, but they have never referred to that so they must have lost it.

 

I dont one know what to do now. If it goes to court what can I argue? I don’t think I owe that much but I don’t what I can say. I really want to avoid a ccj, and I don’t see why I should pay all that interest as well but I don’t know what my options are now. I’ve been reading and reading and can’t find anything similar. I’m am so panicked by it all

Npower_smaller.pdf

[AndyOrch]

Well you now have all the figures and  how they arrive at what is claimed...they offer you 7 days to make a payment proposal and complete the I&E with your offer....I assume this would settle the claim and therefore bring it to a halt....you would have to clarify that point with the Solicitors.

 

If you still maintain there is a dispute and you do no owe the amount claimed ...then simply let the claim proceed...they may attempt to strike out your defence..but that would be determined by the court in separate hearing.

 

Andy

[Jayne777]

I honestly don’t know. I don’t know what to do. I think the amount is ludicrously high, but I don’t see how I can argue it either. I object to them adding interest to it as well, but I don’t think I have a legal argument against that either. I just don’t know.

 

the income and expenditure sheet was attached to the copy of the email they sent me in feb 2018, which is when they sent me I and E form first time. I don’t think it’s meant for me now. I’m so worried about doing the wrong thing. They have lied about a few things within that, but I doubt any of it would make any difference in court either.

 

Can you see anything I could argue or do you think I’d be better to try and come to a payment arrangement now.

 

I don’t dispute owing them some, I just don’t think I owe that much, but other than the interest they’ve added I can’t prove anything at all. 

[AndyOrch]

Forget the interest applied for now thats to be decided by the court if they get judgment..and then they may not allow all of it.Its difficult because you can only go off the bills produced and the payments made...which Im sure a court would also adopt the same approach.

 

So your only options are let it run its course and let the court decide....in the meantime try to get more information .

Or approach the Solicitor and try to agree a payment plan by way of a Tomlin Order...a TO stays the claim and providing you stick to the payment plan you wont a CCJ.

 

Andy 

[Jayne777]

Thank you for your help again  x

 

how do I go about getting a tomlin order? I’ve read up a bit on them And I think I understand them.  I think that’s my best option. I don’t dispute I owe them a fair sum of money, and I can’t prove anything against them to reduce the amount and the stress of this is making me ill

[AndyOrch]

Ring the Solicitor first thing in the morning and ask for the person dealing with your claim.....then suggest that you wish to settle if an affordable monthly agreement arrangement can be made and you would like to conclude this by way of a Tomlin Order...see what response you get.

 

In the meantime start crunching some figures and work out what you can easily afford and is manageable.....remember once you enter into a Tomlin Order ...if you default they go straight for judgment...no say from you.

 

Andy 

[Jayne777]

I phoned their solicitor and requested a tomlin order.

They said they’re open to it, how much was I offering and on what amount.

I said the full amount without interest.

 

She said I had to fill in an income and expenditure form and then she’d mention it to npower and see what they said , but she said they’d be unlikely to agree to the amount less interest and at a low figure, which I don’t know what kind of figure they’d be looking at but it’s limited how much I can offer at the moment. 

 

Am I right to fill in the i and e form?

And was I right to offer without interest or should I have agreed to pay that as well?

 

I also said my circumstances will probably be different in a year, so she said they’d probably include a clause to agree to it being reassessed in 6 months,

 

what would happen if they agree an amount I can afford now and if they’ll only accept an amount I can’t at a review?

[dx100uk]

cant charge int without judgement.

[AndyOrch]

Seriously ...a company that is raking in billions by overcharging its customers and shes haggling about £500 interest which is only awarded at the discretion of the court.

 

Complete the I&E and attach a covering letter stating what you discussed  over the phone and with whom and that you are open to settling the full debt amount of £4K plus court fees and state your monthly offer.You do not agree to interest being charged which is only awarded after judgment at the discretion of the courts pursuant to sec69 County Courts Act 1984  at such rate as the court thinks fit or as may be prescribed, on all or any part of the debt..

 

You reserve the right to bring this to the courts attention should your offer be denied.

[Jayne777]

Thank you.

she was adamant I was to put without prejudice at the top, I shouldn’t do that either should I? 

[AndyOrch]

Top of what the I&E ?

 

Never use without prejudice 

[comebackjimmy]

why do you say that Andyorch, would be interested in your views and reasoning.

[AndyOrch]

Click the words  without prejudice its self explanatory.

[comebackjimmy]

13 hours ago, Andyorch said:

Click the words  without prejudice its self explanatory.

Thanks Andy.   I read the link and now understand.   Whilst I was aware that use of the term prevented the other side from using any of the statements you made in court I was unaware of the appropriate (or inappropriate!) use by solicitors.   Thanks for the education.

[Jayne777]

I’ve just received an email saying they’ve accepted my offer of repayment and have attached a Tomlin Order for me to sign and return. I’m shocked as I made a really low offer expecting them to come back and negotiate a higher amount and they haven’t. I fully expect my finances to improve in about a years time, and I’d told them this.. 

 

They have put this bit in though which worries me,

 

does this mean that they can demand higher payments from me in a year?

What if I can’t afford what they want?

Will they automatically get a ccj?

And what if I forget to submit an I and e form to them?

Can they automatically get a ccj then? 

 

3. The Defendant will complete and serve on the Claimant’s Solicitors a Financial Statement disclosing up to date details of her income and expenditure by no later than 1st August 2020, or at the Claimant’s request, and endeavour, where possible to increase her monthly instalment payment going forward.

 

4. Liberty for the Claimant to apply on notice to review monthly instalment payments after 1st August 2020.

 

thank you again for your help

[AndyOrch]

Standard inclusion in all Tomlin Orders...nothing to worry about.

 

Andy

[Jayne777]

Hiya

i just wanted to say thank you again for all your help with this. My tomlin order is about set up I think! I’m sure this is the best possible outcome I could have got from this. Thank you x

[dx100uk]

hey that's encouraging.

 

dx