Letter threatening CCJ to ‘the Occupier’

FlickyK

Hello,
No idea where to put this, not sure if this is the best place but feeling really anxious about it. Will try to explain as clearly as possible but any advice would be much appreciated.

We bought a house in Dec 2018, it was a repossession and the systems had been drained, water and gas, and everything turned off at the mains. We got the keys and when we moved in we took meter readings and set up an account with an energy provider.

Over the past couple of years we have received a couple of letters from what I assume is a debt collection service, chasing a debt for a period of about five months prior to us taking possession of the house. The end date was the date we set up our account.

All letters have been addressed to ‘the occupier’.

I did contact that company, but recently we received a letter from AJJB Law threatening court proceedings. I contacted them and explained - and also provided them with the name of the company we bought the house from and the name
of the previous owner via email. 

These letters are addressed to ‘the occupier’. 

 

Today the latest letter says ‘letter before claim’ and has a load of paperwork it says we must fill in. Whether we accept or dispute the debt etc.

I am really freaking out - particularly as it’s more complex because it was a repossession. 

What should I do now? Clearly sending seller contact details and previous owner was completely ignored.
What if there is a discrepancy between the meter readings given by the company managing the repossession and ours? I don’t really have any way of knowing, but the letters definitely said the period the debt related to ended when we set up our account.

Can a CCJ be raised against ‘the occupier’? Or do they have to have a name?
Should I send in a reply saying I dispute the debt? 

It’s just over £100, should I just pay it? I’m absolutely terrified of getting a CCJ wrongly applied.

I will call AJJB and the energy company tomorrow but both are closed today.

Thanks for any advice.

Flick

FlickyK

I’ve just realised I’ve probably put this in the wrong place. Is it possible to move a thread?

sourcrates

I’m going to move it for you.

sourcrates

Don’t fill in anything, the debt is not yours.
As they appear to be ignoring your protests, follow the court process, should they take it that far, and defend any claim they may make on the basis that it’s not your debt.
And your correct, you cannot obtain a CCJ against “the occupier” of a property, it’s looking like amateur hour to me.
Don’t give them anymore information that they may use against you.

FlickyK

Thank you

When you say ‘follow the court process’ what do you mean?

sourcrates

FlickyK said:

Thank you

When you say ‘follow the court process’ what do you mean?

Well if they follow through with there threat, they will send a claim form pack to you, they say you owe money, you say it’s not your debt, so you fill in the court paperwork and defend the claim on that basis.
As long as you have evidence that you were not in residence at the time, and that you are not the debtor, the court will find in your favour and throw out the case.
Puts a legal end to things.
Do they have your name ?

noitsnotme

They can’t take “the occupier” to court.  They need to have a name and as long as that name is not yours, it’s not your problem.

FlickyK

No they don’t have my name. 

The letter they have sent has a form with it, of which section 1 relates to ‘do you owe the debt’ etc.
So is proof of the date we took possession of the house enough? 

noitsnotme

This is just my opinion and is not legal advice but, if it was me I would ignore the paperwork and cease all communication with them.  If they aren’t even quoting a name, any name, they’re just fishing.

sourcrates

If they don’t have your name then try and keep it that way, don’t give them any more information.

Whats the name of the company ?

FlickyK

OK. They do have my first name from when I emailed over the seller/previous owner details but
essentially unless I get something with my name on it I won’t worry.