Overdales Solicitors, CCJ

sweede_66

I have received a notice of claim issue from Overdales Solicitors on behalf of the Lowell Portfolio. They bought a debt from SSE and have been trying to chase me since 2017.

The debt is for £2750+

I split up with my ex in 2017 and moved out. I called SSE to split the outstanding balance and paid my share of the gas and electricity bill.
I advised them to remove my name from the account and that was that.

Eventually I received a letter from Lowell that I owed them the outstanding balance of the debt to SSE.
I told them I didn’t and provided my evidence of this. I have continued to ignore them since as they are nothing more than parasites who refuse to listen or read what I have provided them with. My ex had taken out an IVA which includes the debt to SSE and I have given them the reference for this too.

Today (December 12th 2022) I received a letter dated November 28th that a CCJ was being claimed against me.
I genuinely don’t know what to do as I do not owe this debt

RAS

Liability for utility debts is joint and several. Which means for the period you were living with your ex you were both liable for the full debt.

You can't just pay "your half". Any response about that to the court would not work.

You could ask them how much your ex has paid, and will pay as part of her IVA, but it could be nothing given the fees for IVA?

Otherwise you need to decide to pay up before the CCJ deadline, a month after it's issued or accept the CCJ.

Doesn't seem fair but that's the law if your name was on the account, and for CT whilst you lived there.

If you really can't afford it, you might be able to stave off the CCJ by arranging a payment plan.

sweede_66

Thanks Ras

my understanding when I spoke to SSE originally was that they split the bill and allowed me to pay my share before putting it all in to her name. I now imagine the rep just told me that to get a payment?

RAS

The rep probably didn't know and presumably expected your ex to pay the other half of the existing debt? Obviously, they'd also be OK transferring future bills to her sole name.

sourcrates

What did the letter from Lowell actually say, there is a process to follow when taking legal action.

Was it just a letter threatening legal action, or an official letter before action, containing a document with a 30 day return window?

Or was it a county court claim pack containing -

• An admission form
• A defence form
• An acknowledgement of service

Which of these please?

sweede_66

sourcrates said:

What did the letter from Lowell actually say, there is a process to follow when taking legal action.

Was it just a letter threatening legal action, or an official letter before action, containing a document with a 30 day return window?

Or was it a county court claim pack containing -

• An admission form
• A defence form
• An acknowledgement of service

Which of these please?

hi Sourcrates,

The letter I received from Overdales Solicitors was dated December 2nd and was titled "A County Court Claim has now been issued against you"
I received a letter from the court dated November 28th with the Claim no. and form.

Both letters were sent to an old address.

I have reached out to my ex who has provided her IVA information which includes the SSE debt. This was initiated in 2018.

Lowells are trying to chase me for the debt since June 2021.

We split up and I moved out in 2017.

I have email correspondence from SSE confirming the request to remove my details from the account, I also submitted a complaint against them in 2017 due to the utter shambles of dealing with them.

I also have email confirmations from SSE of the payments I made on  the account prior to the removal request.

sourcrates

So you can still defend it then, my defence in your situation, would be the debt is not owed as you were no longer resident at that address, so the claim made by Lowell's is denied.