Fraudulent CCJs in my name - lost!

PixelPound

K_S said:

@sourcrates I hope this isn't a stupid question but if EON have agreed that the OP doesn't owe them any money, then wouldn't that be enough for the court to accept the same?

The only way to remove a CCJ is to apply to have it set aside - you can't simply show the court E.On's letter. Either party can apply for a set aside, it does not necessarily be the OP.

The OP mentions "different debt collectors", so it is likely that E.On did not apply for the CCJ, but the debt collector.
OP, contact the court, find out who the Claimant was.
OP I would get E.On to contact the debt collector to inform them the debt is no longer valid.

Or if you qualify to be exempt from fees apply yourself, otherwise you will need to stump up the fees.

sourcrates

K_S said:

@sourcrates I hope this isn't a stupid question but if EON have agreed that the OP doesn't owe them any money, then wouldn't that be enough for the court to accept the same?

You can only go through the court set aside process to remove CCJ’s.

Thats just the way it is.

superkat00

Hi everyone thanks so much for the replies I really appreciate it. I think in my attempt to sum things up I missed out some important information in my first post - the landlord in question (my previous landlord) was, er, shall we say very dodgy indeed (details not relevant but let's just say he suddenly asked us to leave after we let some people from the council in and told them about what he was doing...). He told us we needed to leave the property because he wanted to move in himself with his family. I strongly suspect he contacted EON to keep the account in my name but I have no way of proving this and as far as I know he has now unfortunately died so it's not like I can do anything about this now. I'm not blaming EON for the CCJS as as far as they knew I did live there are the time and it was me running up the electricity bill from 2017-2020. My issue is that, since November last year they have known it WASN'T me and that the landlord had highly likely been doing something fraudulent and instead of investigating the matter, or at least pausing debt collection action, they continued to report more defaults, instruct various debt collection agencies to come to my house, and completely ignored all correspondence from me for six months! That was the crux of my complaint to the Ombudsman and that's what they're offering the £100 compensation for, not for the CCJs.

So I'm even more confused now whether I should just accept their proposal of a £100 cheque if there's nothing they can do about the CCJs anyway? What more could I get out of this if I decline the proposal and let it go to the Ombudsman? Are EON able to at least remove the default from my credit record? Still very unsure as to what I should do and I only have 6 days to reply to their proposal, any further advice would be very appreciated.

superkat00

sourcrates said:

If you feel you don’t owe the debt, you can ask the court to re-open the case against you. 

You must show you have a genuine legal reason that you do not owe the money, which you have.

The first thing you would need to do is contact the court and ask them to set aside the CCJ by using form N244, in most cases, you will be charged a fee for this. 

However, if you are on a low income you can apply for remission of court fee`s by filling in court form EX160, and returning both forms to the court, so you may not have to pay anything.

Acting quickly will give you more chance of being successful provided you have a justifiable reason.

If the court agrees with your request to set aside the CCJ, you will have the chance to put forward your case. 

Remember, one application, for each judgement.

If the court finds you don’t owe the money, it will remove the CCJ from the Registry of Judgments, Orders and Fines. 

It will usually take around three to four weeks to complete this.

Thanks for this, looking at this I think I would qualify for help with court fees as I have a partner and 2 children and we earn less than £1735 a month. But would I actually have to go to court myself? Twice, one for each CCJ? That sounds terrifying!

[Deleted User]

The court isn't like the stuff you see on TV with wigs and people in the dock, civil stuff like this is much more about arguing facts with a judge 

sourcrates

It would be you, the judge, their representative, and any council you wish to provide, in a side room, away from the main court.

No gowns, wigs or yes mlud, no mlud, dress will be smart, not too casual, they will likely be in suits/shirt etc, so nothing to be uptight about, you simply give the facts, as they happened, and answer any questions they may have for you.

PixelPound

sourcrates said:

It would be you, the judge, their representative, and any council you wish to provide, in a side room, away from the main court.

No gowns, wigs or yes mlud, no mlud, dress will be smart, not too casual, they will likely be in suits/shirt etc, so nothing to be uptight about, you simply give the facts, as they happened, and answer any questions they may have for you.

Currently it's likely to be a telephone hearing if both sides agree. I can see Courts keeping this feature on as an option.

sourcrates

Covid secure, yes.

HampshireH

eskbanker said:

HampshireH said:

definately

You really are 'H' then?

Had no idea what this meant when I read it, except to see my miss spelling

Bizarrely I've spent two weeks catching up, having never seen it before and have just watched S 5 EP 6 and now get it😂

Very good

superkat00

sourcrates said:

It would be you, the judge, their representative, and any council you wish to provide, in a side room, away from the main court.

No gowns, wigs or yes mlud, no mlud, dress will be smart, not too casual, they will likely be in suits/shirt etc, so nothing to be uptight about, you simply give the facts, as they happened, and answer any questions they may have for you.

Thanks again for your help!
I was just wondering if you had any advice for me on my other query about my complaint to the Ombudsman - should I just accept EON’s proposal of a £100 cheque if there’s nothing they can do about the CCJs and then contact them separately about removing the default from 2020 which they’re claiming isn’t on my credit file but it is (which they may ignore) or should I let it go to the Ombudsman in hopes they will have to remove it? Just not sure what the Ombudsman will actually do and if there’s any point in taking it to them? Thanks sorry to keep being annoying, it’s the first time I’ve ever dealt with anything like this!! Thanks again for all the help!