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CCJ register and set aside and tomlin

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  • CCJ register and set aside and tomlin

    so in 2021 I had a default CCJ against me by utilita energy
    I was having a mental health relapse now I am doing a lot better so was repairing my credit file from issues in that time frame and had a CCJ from utilita so jan/Feb 2024 I contacted utilita to resolve the debt and was advised to speak with LRC (legal recovery and collections) I contacted them quaryed the amount due to me unofficially moving out and the boiler been condemned (was a gas debt) I was advised to send some evidence regarding the boiler and my mental health witch I did and there response was there case on the matter was closed and to contact utilita so I did they advised me to go back to LRC at this point I applied to the court to have the judgement set aside so I could find out who to deal with however they didn't contest my application and made zero contact with the courts so the judgement was set a side in March 24
    then LRC took me back to court for the CCJ and they won and a CCJ was awarded against me with 28 days to pay I can not afford it
    I also made a complaint against LRC and utilita who both claim it was down to the courts so i contacted the courts and they advised me that its not been registered against me but a ccj was given

    I am confused as to if and when the ccj will be registered against me

    will it be after the 28 days once the judgement is in "default" and if so would it be another court hearing
    or if I set up a payment arrangement would It hit my credit file

    or could I ask for a very of the order and request a tomlin order to keep it off my credit file

    I called them in good faith in jan/feb to be passed from piller to post and put in a position to set a side the judgement they had no contact with the courts or my self
    4 days before it was due to be struck out they sent the court some documents

    the courts sent me a court hearing if they paid the trile fee

    attendEd court and effectively lost
    so effectively I had a ccj for 3 years got it set aside with no objection and then a new ccj for a further 6 years so the same debt under a ccj for 9 years

    hope this makes sense sorry If not
    Tags: None

  • #2
    update
    court order has arrived and it is a N24 (genral form of judgment order)
    stating I have to pay x amount by 18th November
    I canr afford or in it in full
    so my question now is
    if I fail to pay in full woild it automatically be changed to a CCJ
    or woild the creditor have to apply to the court to get it to a ccj

    what would my best option be
    set up a payment plan outside of court and stick to it or ask the courts to very the order and if I very the order woild it automatically go to a CCJ
    or could i ask for a tomlin order oppose to a CCJ

    Comment


    • #3
      Firstly, fill in an Income and Expenditure form. Take into consideration the 'Cost of Living' crisis, i.e. food, energy. Give yourself some 'head room' just incase things increase again. A Court will only ask you to pay what you can afford each month. Send a copy to the solicitors and the Court, see if you can get the amount 'varied' i.e. monthly payment etc.

      https://nedcab.cabmoney.org.uk/

      https://www.citizensadvice.org.uk/de...%20the%20order.

      Secondly, lodge a formal complaint with Utilita, follow the complaints procedure on their website.
      If you need information from them, send them a SAR request.

      https://legalbeagles.info/library/gu...ccess-request/

      Thirdly, lodge a formal complaint with legal recovery and collections, follow the complaints procedure on their website. If you need information from them, send them a SAR request.

      Update when you get a response.

      Comment


      • #4
        thank you for your response
        so I have already made formal complaints
        utilita basically said tuff and ombudsman wouldnt look at the complaint as it relates to a court procedure i have however escalated it to the ombudsman
        legal recovery and collections claim it was not actions taken by them or there clients it was the courts who decided the final hearing even tho they paid the trile fee
        I am also asked both for SAR
        awaiting there response to this

        Comment


        • #5
          When you get the SAR information, you should be able to find out where the communication broke down and who is responsible.
          Why one was telling you to speak to the other and the other telling to speak with the first one you spoke with. That is what you are complaining about. The Court weren't involved with those communications. The SAR information will contain notes.

          'so jan/Feb 2024 I contacted utilita to resolve the debt and was advised to speak with LRC (legal recovery and collections) I contacted them quaryed the amount due to me unofficially moving out and the boiler been condemned' etc.

          Comment


          • #6
            that was my thoughts exactly to see what the issue is to also raise it with the courts down the line

            so the fact the order is not a ccj would me asking to very the order before the date the payment is due would that revert it to a ccj or would it stay as the N24 general form of judgment or order
            ​​​​or would this be the best time to ask for a tomlin order to prevent the CCJ
            and do this as a very of the order explaing that theres 2 open complaints with the ombudsman and would be beneficial to me and a more fair solution to the debt due to them consenting to the original CCJ been set aside (as claimed in there final response to my complaint)

            many thanks again for your advice

            Comment


            • #7
              Originally posted by wayneofhull View Post
              that was my thoughts exactly to see what the issue is to also raise it with the courts down the line

              so the fact the order is not a ccj would me asking to very the order before the date the payment is due would that revert it to a ccj or would it stay as the N24 general form of judgment or order
              ​​​​or would this be the best time to ask for a tomlin order to prevent the CCJ
              and do this as a very of the order explaing that theres 2 open complaints with the ombudsman and would be beneficial to me and a more fair solution to the debt due to them consenting to the original CCJ been set aside (as claimed in there final response to my complaint)

              many thanks again for your advice
              You need to read post 5 again.

              Comment

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