Help with CCJ and HCEO

shelleyc2712

Hi All,
Hoping someone may be able to offer some advice..Long Story

My partner and I took over a pub in 2017. When we moved in the brewery told us there was an issue with the electric meter (previous tenant had tapped in to it and it was going backwards or something). Told us to leave it with them as it was being investigated. First few bills came through from British Gas and were credits. Queried it but told to leave it. Guy from the brewery subsequently left and no one else knew what wsa going on. Dragged on for a bit. As we had been at the pub for a while we decided to sign a long term agreement but change to a ltd company rather than my partner - at advice from accountant. We signed a new lease in March of 2018. Straight away we contacted an energy broker to find out what was going on with the electric supply (we had paid no bills at this point as had non through). Subsequenlty found out that the energy supplier was Utilita. Not sure how as we had never heard of them nor signed a contract or had any kind of paperwork. We contactd utilita ourselves to see if thye would offer us a contract direct.

They said they needed a change of tenancy form to action the request in to the company name which we sent straight over. Told me on email that as soon as they had it thye would change the name and put us on a contract. It took them a long time to process and i sent in excess of 20 emails trying to get a response, had to send over pictures of the meters, meter reads and continued copies of paperwork. Eventually they processed it but on doing so told me that they did not deal with pub tenants and could not offer us a contract and that we needed to go through a broker to get a new deal! During this time thye had billed us on out of contract rates but had not sent us any bills only a "final bill" in the region of 8k.

We continued to question it.

Finally found out that the previous bills had been setn in a batch to our old home address (hadn't been there for 12 months). Literally had a pile of bills with no name on only the pub name in a batch. Luckily still friends with the neighbours who also knew the new people and passed them on.

Queried it straight away but told by utilita they couldn't speak to us as we were not the named account holder ! Ridiculous.

Then issued a further batch of bills in our company name for the same amount to the pub address.

Ongoing queries and eventually a complaint which thye rejected. The broker said they were breaking the law by not giving us a contract but not allowing us to move supply either (had objeted to two different requests to move). Said they couldn't let us move until the change of tenany had gone through!!! This had been 8 months by this time.

Issued a CCJ for the first lot of bills in my partners personal name at the pub address which we didn't have (pub is managed for us we dont work in it as have other sites). Broker said not to worry and that as a complaint was open nothing would happen. FOolishly believed him and did nothing about it trusting that it was a mistake.

Then have a letter at our home address saying can we contact the debt collection co to organise to pay the £9k. Sent it to the broker who advised us to go to the ombudsman but confirmed the case was on hold. We also spoke to the debt co who said they'd make a note there was a dispute but action would continue. We didn't know what "action would continue meant".

Last week had two vile high court enfocement officers at my house asking for my partner. No advance warning, thye hdan't gone to the pub first etc. Sent no letters (would of noticed). Came in to the house (as door was open) and demanded £13.5k which, under duress and worry that they were going to clear our house out and my daughter in tears we paid using all of our money, business money and savings.

Is this lawful? I dont understand how thye can suddenly turn up at home address when the debt is at a business address and also that there was no prior warning. I also want to know if i can still get the judgement set aside even if it has now been paid in full as it was unjust and does need defending. If i had of had the paperwork to my home address like the court papers were issued to the business address i would of defended the claim and done more about it but just didn't know the process and trusted the broker when he said it was under investigation and nothing would happen

Really out of my depth !