Urgent help needed.

Elevation

Hi guys,

First time poster but longtime lurker and I have just had a massive bombshell dropped on me so I hope someone can help.

Background:

I own a commercial property (A small shop) and have had a Tenant who has resided in the property for near enough 10 years. In the terms of the Lease to them it is clearly marked that they are responsible for all bills (electric, water, rates, factors etc) which is normal and I have this signed and countersigned by myself, the tenant and a witness just so everything is above board, so no problems I assumed.

Recently however, I had a job interview for a large financial institution and was offered the job pending background and credit check which I assumed would be fine as I've never missed a payment or defaulted on anything. I got a phone call yesterday stating that the offer of employment was terminated as my credit file has came back with a CCJ from over 4 years ago. Obviously this was a massive shock to me and I was horrified as it has now impacted on me.

I have found out that the CCJ is from the Factors of the property however, because the tenant is responsible for all outgoing bills as per the lease I never thought there would be a problem with them (Which may have been an oversight on my part). I contacted the factors regarding this yesterday and they said that the landlord is responsible for the factors bill and not the tenant however, if I have a lease that states otherwise surely this isn't the case?

So there are (Quite) a few questions I would like to ask to the good people on here.

Firstly, where do I stand legally on this? The Factors currently get paid monthly by the Tenant so they are well aware of who is currently residing in the property and I informed them when the tenant originally moved in also to change all correspondence regarding Factors bills to their name etc.

Secondly, I received absolutely no correspondence on this matter whatsoever and therefore had no opportunity to defend myself therefore I assume the court hearing was defaulted in their favor resulting in a CCJ against my name. Obviously this is something that I don't want against myself however, as it is not my debt (as per the lease) what options do I have regarding this? Will my contact with the factors (by phone) result in me acknowledging the debt as I haven't confirmed anything in writing or made any payment towards it and will it reset or does the date of judgement stand regardless?

Thirdly, I do want to get this resolved in the best possible way however, as the debt is over 4 years old, it doesn't have long to go until it drops off my credit file (6 years I think) satisfied or not so should I sit tight or satisfy it as I have read that it makes little to no difference regarding credit if a CCJ is marked against you regardless. I'm not one to run away from debt however it is the principle of the matter.

Any help on this matter is appreciated.

Thanks.

forgotmyname

I presume your name is on the bill and not the tennants?

d70cw6

id have thought the utility company would have the property owner (you) be responsible for all bills and you'd be responsible to recharge them to your tenant.

Elevation

@Forgotmyname - The Tenant's name is on the bill for the Factors.