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Legal Proceedings Challenge
I just wanted to ask for some thoughts before deciding on course of action.
In short, I left my previous property in Sep 17. I sent the provider a letter informing them and my new address. I did not hear anything back from them but I hadn’t cancelled my direct debit since I hadn’t heard from them.
After 5/6 months, I cancelled the direct debit since I was paying for something I was not using.
What I now know is that the provider did not receive my letter and were chasing me at my old address.
I received an email from them in April stating that I owed approx £700 and they wanted payment.
I replied back to that email and stated that I could prove I was not living at the address beyond Sep 17 but I would be willing to compromise with them.
What I did not realise is that they had sent the email from a noreply@ email address since the email address just shows their name and nowhere on the actual email itself did it state I should not reply to that email.
They have taken legal proceedings and got a CCJ (on 27/jun). I only realised this because of a note on my credit file. I want to challenge this and raised a complaint with themselves. They have now come back to say they are closing the complaint because they have already received the CCJ ruling.
I am obviously within the 30 day period so want to make sure I do not make the CCJ permanent on my file. However, I want to challenge their process and also prove I was not at the address.
They have stated the ombudsman will not look at this because of the CCJ and they are unwilling to consider the complaint because of the CCJ. I have stated that I will complain about their general process (particularly around the email and lack of notification not to reply to it) to the ombudsman and that it is within their power to set aside the CCJ and agree an out of court settlement.
I guess my question is, is this worth pursuing? Also, if I complain to the court and that process takes me outside the 39 days, do I lose that 30 day window to settle? Could I settle in full and then complain?
Sorry for the long post!!
C
In short, I left my previous property in Sep 17. I sent the provider a letter informing them and my new address. I did not hear anything back from them but I hadn’t cancelled my direct debit since I hadn’t heard from them.
After 5/6 months, I cancelled the direct debit since I was paying for something I was not using.
What I now know is that the provider did not receive my letter and were chasing me at my old address.
I received an email from them in April stating that I owed approx £700 and they wanted payment.
I replied back to that email and stated that I could prove I was not living at the address beyond Sep 17 but I would be willing to compromise with them.
What I did not realise is that they had sent the email from a noreply@ email address since the email address just shows their name and nowhere on the actual email itself did it state I should not reply to that email.
They have taken legal proceedings and got a CCJ (on 27/jun). I only realised this because of a note on my credit file. I want to challenge this and raised a complaint with themselves. They have now come back to say they are closing the complaint because they have already received the CCJ ruling.
I am obviously within the 30 day period so want to make sure I do not make the CCJ permanent on my file. However, I want to challenge their process and also prove I was not at the address.
They have stated the ombudsman will not look at this because of the CCJ and they are unwilling to consider the complaint because of the CCJ. I have stated that I will complain about their general process (particularly around the email and lack of notification not to reply to it) to the ombudsman and that it is within their power to set aside the CCJ and agree an out of court settlement.
I guess my question is, is this worth pursuing? Also, if I complain to the court and that process takes me outside the 39 days, do I lose that 30 day window to settle? Could I settle in full and then complain?
Sorry for the long post!!
C
0
Comments
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Already posted here: https://forums.moneysavingexpert.com/discussion/60238980
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Thanks for your replies and sorry for the double post.
Reposted in the credit file section as it is probably more appropriate per the above link
Thank you0
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