Tomlin Order

[McGinty]

Hi, I am looking for some advice please on the difference between a set aside and a Tomlin order. We had a County Court registered against our business a few months ago and we had applied for a set aside. We have agreed a settlement figure with Extra Energy of £400 in relation to the debt. The original amount awarded was £1800 which was absolutely ridiculous and that was why we didn't pay the original bill in the first place. We had sent our defence in to the court but the court said it was not received which I find difficult to believe as it was a substantial pack and I posted it myself. Wishing now it had been recorded.

The application for the set aside was dismissed and I don't know why but I have contact the debt company, CST Law, who are acting on behalf of Extra Energy and they said the judge would agree to a Tomlin order. Does that have the same effect-removing the judgement from our credit file? Is there any reason why the judge would dismiss the set aside application as both partys agreed? I don't trust what I am being told by the debt company and looking for any advice possible please.

Mcginty

[jaguarsuk]

Hi, I am looking for some advice please on the difference between a set aside and a Tomlin order. We had a County Court registered against our business a few months ago and we had applied for a set aside. We have agreed a settlement figure with Extra Energy of £400 in relation to the debt. The original amount awarded was £1800 which was absolutely ridiculous and that was why we didn't pay the original bill in the first place. We had sent our defence in to the court but the court said it was not received which I find difficult to believe as it was a substantial pack and I posted it myself. Wishing now it had been recorded.

The application for the set aside was dismissed and I don't know why but I have contact the debt company, CST Law, who are acting on behalf of Extra Energy and they said the judge would agree to a Tomlin order. Does that have the same effect-removing the judgement from our credit file? Is there any reason why the judge would dismiss the set aside application as both partys agreed? I don't trust what I am being told by the debt company and looking for any advice possible please.

Mcginty

The set aside would have likely been dismissed on the grounds that you received the claim and whatever draft defence you submitted with the application was deem as having no real prospect of success. I'm obviously using a little bit of intelligent guess work here as I haven't seen what was filed.

A Tomlin Order wouldn't really be appropriate as they have a judgement, it would have been had the set aside been successful. The court has refused to set the judgement aside, so not Tomlin or Consent Order is not going to remove the CCJ from Trust Online if it has been reported.

If within 21 days of the hearing to set aside you might be able to appeal the decision to refuse to set the judgement aside, but then you might be throwing good money after bad in doing that as I haven't seen you application or submissions with it.

I think the best you can achieve really is to pay the Claimant and them file a notice that the CCJ is satisfied.

[McGinty]

The set aside would have likely been dismissed on the grounds that you received the claim and whatever draft defence you submitted with the application was deem as having no real prospect of success. I'm obviously using a little bit of intelligent guess work here as I haven't seen what was filed.

A Tomlin Order wouldn't really be appropriate as they have a judgement, it would have been had the set aside been successful. The court has refused to set the judgement aside, so not Tomlin or Consent Order is not going to remove the CCJ from Trust Online if it has been reported.

If within 21 days of the hearing to set aside you might be able to appeal the decision to refuse to set the judgement aside, but then you might be throwing good money after bad in doing that as I haven't seen you application or submissions with it.

I think the best you can achieve really is to pay the Claimant and them file a notice that the CCJ is satisfied.

Thanks for your response. I don't really want a CCJ hanging on our credit file and it was through no fault of our own. I see no option but to employ a solicitor at silly costs to appeal and have it removed. The case was heard the 14th May but we only got notification of the outcome last Wednesday. Does this mean we have run out of time to appeal? Mc

[Amethyst]

Did you attend the hearing on the 14th ?

[McGinty]

Did you attend the hearing on the 14th ?

No, I didn't as there was an agreement between both partys to pay the £400 and CST Law said they would not oppose it so there was no point as we are based Tyneside and the hearing was Sheffield. Would I be able to get a transcript of the hearing to see why it was rejected as all I have is a letter from the court with a couple of line saying it was rejected?

[Amethyst]

Did you inform the court you wouldn't be attending and put any submissions in ? Do you know if the claimant attended ?


Whats the Tomln order you mentioned? Was that agreed and submitted prior to the set aside hearing ? I'm not sure how a tomlin would help now.

Have you paid the £400 and have the claimants informed the court the ccj has been settled ?

Your set aside submissions were based on having submitted a defence in the case ( with a reasonable prospect of success ) so the claimant shouldn't have been able to apply for default judgment ?

How come it was in Sheffield ? Is that where the original claim was filed by the claimant ?

As the set aside dismissal was after a hearing it would have to be an appeal- the problem you have is you seem to have admitted liability by arranging settlement of part of the judgment amount. It may seem to the court it's a payoff to remove the ccj .

Yes you can order a transcript but it's likely to cost you another £200 on top of the £255 application fee you already paid, then the £400 settlement and the appeal cost and costs after are just going to make it so you would have been better off paying the claimant their claim to start with.

Sorry for just a big raft of questions, it sounds like you've taken the claimants word for it a bit.

Do you have this £400 settlement full and final in writing ?

[McGinty]

Good morning Amethyst, firstly we have had an ongoing battle with Extra Energy stretching to over 2 years. We even contacted the Ombudsman service and they were provided with a remedy that they totally ignored time and again. The original hearing was for Northampton County Court and we sent our defence with photographs of meter reading taken on my mobile phone which proved the bill was totally incorrect. Like I said earlier I wished we had sent it recorded as the court said they did not receive our defence which is absolute rubbish as I posted it myself and it was a substantial size envelope.
As a result Extra Energy gained judgement. I contact CST Law who are acting on behalf of Extra Energy and told them that we were going to employ a solicitor to deal with this and we were also applying for a set aside order. They came back to me with an offer to settle, initially at £550 but I said no and told them £400 was the most I would pay. They tried several time to get more money on the table but I said no and they eventually agreed at £400. The original judgement was for £1800 plus.

I told them we were still going ahead with the set aside and they said they would not contest providing I agree to pay the monies within 14 days after the hearing. I agreed to this. I don't know what went wrong as we sent our application to the court-we did not attend but I did call the court and ask for it to be moved to South Tyneside and they said it would cost another £200 or so. As we had agreement with CST there did not seem much point in attending. Something must have changed for it to be dismissed but I don't know the workings of the court system. Perhaps CST had a change of heart and did not let me know? This is why I asked the question about a transcript of the hearing as that would likely show the reason for the dismissal?

The question about the Tomlin order was asked as a result of a conversation I had on the telephone with CST Law as they told me the court would agree to a Tomlin Order. First I have heard of this type of order. Someone on here earlier said the Tomlin Order would not remove the County Court but CST Law says it will but I simply don't believe them. The £400 has not been paid yet.

I don't think a default judgement has been granted but I am not 100% on that. Surely the court would have informed me if it had? I don't know why it was scheduled for Sheffield but I presume something to do with CST law. I have attached a copy of the document relating to the Tomlin order thatCST want me to sign. Thanks. Mc

[Amethyst]

I'll have a look, but first do you have a copy of the final ombudsman decision and the judgment order pls?

[Amethyst]

Okay that Tomlin order would unlikely be passed by the court, particularly to a set aside as it includes a settlement payment for the judgment. The actual consent order should have been just the set aside consent and the schedule of the consent order to include the specific terms. It doesn't sound like that went to the court in any case.

Was it the energy ombudsman or the financial ombudsman ?

[McGinty]

It was the Energy Ombudsman and when you say judgement order do you mean original CCJ document?

[McGinty]

I don't have the Final remedy from the Ombudsman to hand but I can access this on Wednesday.

[Amethyst]

The original judgment order and the letter from court telling you the set aside application had been dismissed.

I'll have to check the weight the energy ombudsman has - I know you can enforce Financial Ombudsman rulings through the courts - I don't think you can with the EO ( and if you could have it's likely been outweighed by the court action ) but still maybe worth looking into.

[Amethyst]

Energy Ombudsman -

Should the remedy still be outstanding after Day 85, the Energy Ombudsman will communicate to the consumer that they have the opportunity to request a further review to address the specific failure to implement the remedy and will seek authorisation for this from the consumer. The additional review will take place at the point the remedy is implemented and takes into account any detriment being experienced by the consumer due to failed remedy delivery.

The Energy Ombudsman will also confirm and explain that the Deed Poll between the Energy Ombudsman and the energy company allows the consumer to pursue the energy company through court. The Energy Ombudsman will offer non-Remedy financial support to the consumer if they decide to go through this process. The Energy Ombudsman may also notify the regulator of the energy company’s failure to implement the remedy.

https://www.ombudsman-services.org/d....pdf?sfvrsn=16

[McGinty]

Energy Ombudsman -

https://www.ombudsman-services.org/d....pdf?sfvrsn=16

This is the last communication, via email,I had with the OS in relation to Unit 3 electricity. I will follow up later in the day on the other documents. Thanks.


Thank you for your email dated 15 March 2018.

You have queried that during the recent change of decision that account number 483774 has been mistaken for 218719. You believe the start reading for 483774 should be amended rather than 218719 as the previously stated.

I have reviewed the previous decision and I can see it was requested that Extra Energy update the opening electricity meter reading for 218719 to 34615 from 1 May 2015. I can confirm this has been queried with the company directly and it confirms that both account numbers 483774 and 218719 relate to unit 3. In regards to account number 483774 this covered the electricity usage from 1 April 2016 to 14 July 2016. In relation to account number 218719 this covers the electricity usage from 1 May 2015 to 31 March 2016 plus gas usage from 23 June 2015 to 31 March 2016. It is clear from this information that the decision is correct as the opening meter readings on 1 May 2015 is linked to account number 218719.

In order to clarify this for you the previous investigation officer has requested that Extra Energy rebill the two accounts involved. The company has provided a copy of these bills and I can under account number 218719 this has reduced the electricity outstanding balance to 90 pence. This is using an opening meter reading of 34615 on 1 May 2015. The gas has an outstanding balance of £167.59 taking into account the payments you have made. Account number 483774 has an outstanding balance of £334.01. I am therefore satisfied the billing has now been corrected in line with the previous change of decision.

I hope this clarifies this matter for you


For more information about Ombudsman Services visit our website www.ombudsman-services.org

Yours sincerely,

Louise Graham
Operational Team Manager

Ombudsman Services: Energy
Telephone: 0330 440 1624
Email: osenquiries@os-energy.org

[McGinty]

please see attached